IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11324 of 2009 GRAM NIRMAN MANDAL KHADI GRAMODYOG SAMITI & ORS. Versus EMPLOYEES'STATE INSURANCE CORPORATION & ORS. ----------- 3/ 24/01/2011 Heard learned counsel for the petitioner and the Employees’ State Insurance Corporation. The petitioner questions the applicability of the E.S.I. Act to it and further contends that he has also filed an application for exemption under Section-87 from applicability of the Act, which is pending consideration notwithstanding which final assessment has been done on 12.9.2008. Learned counsel for the Corporation raises a preliminary objection with regard to the alternative remedy available before the Employees’ State Insurance Court. In that view of the matter, leave is sought to withdraw the writ application to avail proper remedies before the Insurance Court. A prayer is however made for interim protection till the matter is appropriately taken up by the Insurance Court for consideration. If the petitioner files an application within 30 days from today before the Insurance Court, it is required to be dealt with in accordance with law and disposed off at an early date, including the issue of an application - 2 - under Section-87 having been preferred by the petitioner pending consideration. The petitioner, if so advised, may also seek interim relief before the Insurance Court. Any such application for interim relief is required, as a direction of this Court to be disposed off in accordance with law within a maximum period of one week finally or by appropriate orders from the date of presentation. Since this Court has declined exercise of jurisdiction on grounds of availability of alternative remedy, it shall not be proper for the Writ Court to pass any interim orders of a nature notwithstanding its declining jurisdiction, and which may continue to operate after disposal of the application. But nonetheless, the Insurance Court while dealing with such an application for interim relief shall be obliged to adequately deal with and consider that this Court had, in fact, on 7.9.2009 while granting time to the respondents for counter affidavit had granted interim protection to the petitioner. The writ application stands disposed. KC ( Navin Sinha, J.)