BKT TRADECON PRIVATE LIMITED v. EMPLOYEES STATE INSURANCE CORPORATION
W.P.(C)/16138/2023 · 2026-09-14
Manoj Kumar Ohri
Writ Petition (Civil)body2023
DailyLaw.ai
[ 2023 DAILYLAW 7646 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 7646 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010524652023 + W.P.(C) 16138/2023
BKT TRADECON PRIVATE LIMITED
.....Petitioner
Through: Mr. Kumar Deepraj, Advocate
versus
EMPLOYEES STATE INSURANCE CORPORATION
.....Respondent Through: Mr. Shlok Chandra, Mr. Parikshit Singh Bhati, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R %
14.09.2026
The matter is taken up today as 11.09.2026 was declared holiday vide Notification No. 86/G-4/Genl.-I/DHC dated 08.09.2026.
1. By way of the present petition, the petitioner seeks quashing of the Show Cause Notice dated 20.02.2023 issued by the respondent under Section 68 of the Employees’ State Insurance Act, 1948 (hereinafter referred to as the “Act”), alleging non-compliance with Regulation 12 read with Regulation 110 of the ESI (General) Regulations, 1950 in respect of late Sh. Bijal Paswan. The deceased employee had suffered a fatal accident on 25.09.2019 and was registered under the ESI Act on 12.10.2019. The date of his appointment was 01.09.2019.
2.
Learned counsel for the petitioner submits that the impugned Show Cause Notice has been issued mala-fidely and without any basis. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2026 at 12:01:51
3. Be that as it may, Section 75 of the Act, 1948 provides for adjudication of disputes before the Employees’ Insurance Court. In particular, Section 75(1)(g) covers disputes between the principal employer and the Corporation in respect of any contribution or other dues payable or recoverable under the Act. Further, Section 75(2)(d) specifically provides for adjudication of a claim against a principal employer under Section 68. The dispute raised by the petitioner in the present petition, including its challenge to the recovery sought under Section 68 of the Act, can accordingly be raised before the competent forum in accordance with law.
4. In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to avail the remedy available under Section 75 of the Act, in accordance with the law.
MANOJ KUMAR OHRI, J SEPTEMBER 14, 2026/rd
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2026 at 12:01:51