Transworld Trading Corporation vs Employees Insurance Corporation

Markandey Katju, C.J.—This writ appeal has been filed against the judgment of the learned single Judge dated 27.2.1998. The appellant

filed the writ petition against the order passed u/s 45A of the Employees'' State Insurance Act, 1948.

In our opinion, the petitioner had an alternative remedy of approaching the E.S.I. Court u/s 75 of the E.S.I. Act. The writ petition was liable to

be dismissed on this ground itself instead of going into the merits. It is well settled that when there is allegation of violation of a provision of a

special statute the party aggrieved must first approach the forum created by that statute, vide Management of GE Power Controls India (Pvt) Ltd.

and Anr. v. Workmen of GE Power Controls India Pvt. Ltd. and Ors., 2005 (1) LW 126 and Indian Additives Ltd. Vs. Indian Additives

Employees Union and Another, .

Hence, without going into the merits of the impugned judgment, we are of the opinion that the writ petition itself was liable to be dismissed on the

ground of alternative remedy of approaching the E.S.I. Court u/s 75 of the E.S.I. Act. We are also of the opinion that the E.S.I. Court has the

power to grant interim order, if an application u/s 75 is filed. We further make it clear that any findings recorded by the learned single Judge will not

be binding on the E.S.I. Court.

With these observations, the writ appeal is disposed of finally. The impugned judgment is set aside and the writ petition is dismissed on the

ground of alternative remedy. No costs.