LIONS EYE HOSPITAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have approached this Court impugning Ext.P1 Visit Note and Ext.P12 final order issued by the 3rd respondent - Assistant Director of Employees State Insurance Corporation.

(2.) Shri.M.P.Krishnan Nair, learned counsel appearing for the petitioners, however, expressly concede that his clients have already invoked the statutory appellate remedy against Ext.P12, by preferring Ext.P13 Appeal under the provisions of Section 45A of the Employees State Insurance Act, 1948 (ESI Act for short); but asserts that since the said proceedings is not an efficacious alternative remedy, this writ petition is also maintainable.

(3.) Shri.M.P.Krishnan Nair, contends that the appellate remedy is not efficacious because his clients will have to pay 25% of the demand before the same can be entertained and therefore, that it cannot be seem to be an alternative remedy. He, therefore, prays that this writ petition be entertained and Ext.P12 be set aside.