IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2859 of 2002 BRAJ NANDAN SHARMA Versus TEH STATE OF BIHAR & ORS ----------- 5. 15.4.2009 Heard counsel for the petitioner and the counsel for the Employees State Insurance Corporation as also the State. The self contained provision of Employees State Insurance Act, 1948 hereinafter referred to as the Act, especially its sections 75, 82 and 83 providing complete remedy to a person either assessed to be liable to pay the amount under the Act or be subjected to any punitive measure of recovery of such an amount, would normally be a bar for maintaining a writ petition for the aforesaid cause of action. This Court, however, having taken into consideration the immediate apprehension of arrest of the petitioner as projected in the writ petition had passed order dated 13.3.2002 directing the petitioner to deposit 50% of the amount of demand staying recovery of rest of amount as also protecting the petitioner from any 2 coercive action. The plea of the petitioners that Bihar Rajya Sikshak Sahyog Sangh would not be either an establishment or a factory within the provision of the Act or that no notice was given in course of the proceedings to the petitioners or even that the action taken for recovery of the amount so assessed without attaching the property are such questions which can be more effectively gone into by the statutory authority under the E.S.I.Act. That being so, this writ application is disposed of with a liberty to approach the authorities within a period of three months from today, whereafter the authorities must decide the liability of the petitioners in the light of the objections raised by them within next two months. For a period of three months from today the petitioners shall stand protected under the interim order dated 13.3.2002 of this Court but after the period of three months if the representation filed by the petitioner is not disposed of the petitioner will have a liberty to move that authority for further 3 interim protection. With the aforementioned observation, this application stands disposed of. (Mihir Kumar Jha,J.) Surendra/