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Judgment
Markandey Katju, C.J.—This writ appeal has been filed against the impugned judgment of the learned single Judge dated 8.3.2005. Heard the learned counsel for the parties.
The writ petition was filed against the demand notice u/s 45B of the Employees'' State Insurance Act. In our opinion, the writ petitioner/appellant had a clear alternative remedy of filing an application u/s 75 of the Employees'' State Insurance Act before the Employees'' State Insurance Court. It is not proper for this Court to straightaway entertain writ petitions when an equally efficacious alternative remedy is available. Hence both the writ petition and the writ appeal are dismissed on the ground of alternative remedy.
However, if the appellant files an application u/s 75 of the Act within one month from today, the same will be entertained without raising any objection as to limitation and shall be decided on merits expeditiously thereafter. We also make it clear that the Employees'' State Insurance Court has power to grant interim orders. The appellant can take all the pleas which he has taken in this appeal before the Employees'' State Insurance Court, and they shall be considered by the E.S.I. Court uninfluenced by the judgment of the learned single Judge. Consequently WAMP No.1653 of 2005 and WPMP No.8369 of 2005 are also dismissed. No costs.