IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 5455 of 2008(Y) ------------------------- PETITIONER: ------------ BIJU VARGHESE, MANAGING DIRECTOR, M/S. AUTO GAS ENERGY(I) LTD., 39/4141, M.G. ROAD, RAVIPURAM, KOCHI-682016. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENT: ------------- EMPLOYEES STATE INSURANCE CORPORATION REGIONAL OFFICE (KERALA), PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, POST BAG NO.2,THRISSUR-680020, REP. BY JOINT REGIONAL DIRECTOR. BY P.SANKARANKUTTY NAIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No.5455 of 2008 (Y) ======================= Dated this the 15th day of February, 2008 JUDGMENT The petitioner challenges Exts. P1 and P2 proceedings of the Employees State Insurance Corporation in this writ petition. Ext.P1 is the proceedings by which the petitioner has been directed to pay damages under Section 45 A of the Employees State Insurance Act. Ext.P2 is the proceedings by which the petitioner was directed to show cause why prosecution proceedings should not be initiated against the petitioner for non-payment of dues under the Act. I am not inclined to entertain the challenge against Exts. P1 and P2 because the remedy of the petitioner lies in filing an application under Section 75 of the Employees State Insurance Act against Ext.P1, in which the petitioner can also move an application for stay of Ext.P2 proceedings. Therefore, without prejudice to such rights this writ petition is dismissed. S.SIRI JAGAN, JUDGE jp