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Judgment
Nandita Dubey, J
This petition has been filed by the petitioner under Article 226 of the Constitution of India challenging the order dated 10.6.2021 (Annexure P-1) and
26.2.2021 (Annexure P-2) both passed by the respondent No.2, whereby an order of recovery has been passed against the petitioner for not
depositing the contribution.
Contention of the learned counsel for the petitioner is that the petitioner has not given any opportunity of hearing, however, a perusal of the order
shows otherwise.
Shri Sanjiv Tuli, learned counsel appearing for the respondents submits that the instant petition is not maintainable, as the order impugned is appealable
under Section 45-AA of the Employees' State Insurance Act, 1948 (for short ""Act, 1948""). It is submitted that without availing the statutory remedy of
appeal available to the petitioner, he has directly approached this Court.
Considering the fact that statutory remedy of appeal is provided under the Act, 1948 petitioner may first avail the same. Hence this petition is disposed
of with a direction to the petitioner to avail the statutory remedy of appeal available to him under the said Act, 1948.