Neutral Citation No. - 2025:AHC-LKO:46271 Court No. - 6 Case :- WRIT - C No. - 9906 of 2020 Petitioner :- M/S S.R. Developers Thru. Kamal Kishore Respondent :- U.O.I. Thru. Secy. Labour Deptt. Of Employment And Anr. Counsel for Petitioner :- D.P. Dutt Tiwari,Chandra Mohan Counsel for Respondent :- Surya Bhan,Pankaj Tiwari Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and Shri Pankaj Kumar Tiwari, learned counsel for the respondent. 2. The present writ petition has been filed challenging an order under Section 45-A of the Employees State Insurance Act, 1948 passed on 25.11.2019. 3. The neat contention of learned counsel for the petitioner is that area, under which the petitioner had worked, fell within the non-implemented districts notifying under the ESIC. Thus, there was no right to pay said amount. He argues that although the said facts were brought to the knowledge, however, the representative employer of the petitioner could not appear on the said dates, which has resulted in passing of an ex parte order. 4. On perusal of the said order, prima facie apart from reiterating what was stating in the show cause notice, there is no consideration. 5. Learned counsel for the respondent raises a preliminary objection that an appeal is prescribed under Section 45-AA of the E.S.I. Act, 1948. 6. However, considering the exceptions carved out by the Hon'ble Supreme Court in the case of Whirlpool Corporation v. Registrar of Trademarks, Mumbai; (1998) 8 SCC 1 and the fact that the serious issue of having worked in not implemented districts, has escaped a consideration. 7. The impugned order is quashed. The matter is remanded to the ESI Corporation to pass a fresh order in accordance with law. The petitioner would appear before the ESI Corporation on 21st August, 2025 at 12:00 Noon and produce whatever documents he proposes to rely upon. The respondent shall thereafter pass a fresh order in accordance with law with all expedition. 8. The petition is disposed of. Order Date :- 7.8.2025/Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench