OD-5 WPO/151/2025 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE INDRANIL ROY -VERSUS- EMPLOYEES STATE INSURANCE CORPORATION AND ORS. BEFORE: The Hon'ble JUSTICE SHAMPA DUTT (PAUL) Date : 16th April, 2026. Appearance: Mr. Debapriya Gupta, Adv. Mr. Bhaskar Duttagupta, Adv. Ms. Sona Khatoon, Adv. ...for the petitioner. Mr. Sandipan Banerjee, Adv. ...for the Durgapur Municipal Corpn. Mr. Shiv Shankar Banerjee, Adv. Ms. Sretapa Sinha, Adv. Mr. Siddharth Chamria, Adv. ...for ESIC. Mr. Tapan Kumar Mukherjee, Adv. Mr. Somnath Naskar, Adv. ...for the respondent no.5. The Court: Learned Advocate appearing for the respondent/ESIC has filed documents in support of their contention that all notices and orders including an order under Section 45A of the ESI Act passed on 27th March, 2025 have been served upon the petitioner herein and the petitioner, without preferring an appeal, has approached this Court by stating that no order under Section 45A of the Act was served upon the petitioner and, as such, having got knowledge for the first time on receiving the necessary notice dated 20th February, 2026, the petitioner has approached this Court. 2 It is the contention of the petitioner herein that he is a contractor holding a certificate of enlistment as civil contractor etc. along with PF and ESI registration. The petitioner was engaged by the Durgapur Municipal Corporation and executed work by employing hired contract labourers. It is stated that after completion of the work the petitioner has paid all wages, bonus and statutory dues to the hired contract labourers in full and final settlement. But the respondent/ESI has made a claim for dues for the period as mentioned in the impugned order. The petitioner has approached this Court after the notice of the Recovery Officer was served upon the petitioner. It is stated by the petitioner that he has made payment of ESI dues till termination of the contract under the Durgapur Municipal Corporation in November, 2014 and dues in the impugned notice is from September, 2019 to March, 2024. It appears that the petitioner has replied to the said notice dated 4th November, 2024. From the writ application it appears that the petitioner has not mentioned about any order under Section 45A of the ESI Act. The respondent has produced an order under Section 45A of the ESI Act dated 27th March, 2025 and the track report showing due service of the order upon the petitioner herein. The impugned order being appealable, the petitioner without preferring an appeal, has approached this Court by suppressing that he has received the order under Section 45A of the ESI Act. Accordingly, WPO/151/2026 having no merit, stands dismissed. (SHAMPA DUTT (PAUL), J.) A.Sadhukhan