2025:JHHC:34174 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(L) 5176 of 2025 M/s Ambey Irish Construction Pvt. Ltd. a company incorporated under the laws of India, having its registered office at 2nd Floor, Sai Mansion, Dr. Usha Rani Lane, Circular Road, Lalpur, Ranchi, P.O & P.S: Lalpur, District- Ranchi, 834001, State- Jharkhand through the Director namely Sunil Kumar Shikhar, aged about 40 years, son of Tirthraj Shikhar, Resident of Gram Murupiri, P.O & P.S: Murupiri, District- Ranchi, Jharkhand. .… Petitioner Versus 1. Union of India. 2. The Director, Employees State Insurance Corporation, having its regional office at Panchdeep Bhawan, Namkum, P.O & P.S: Namkum, District- Ranchi, Jharkhand. 3. The Assistant / Dy. Director cum Authorized Officer, Employees State Insurance Corporation, having its regional office at Panchdeep Bhawan, Namkum, P.O & P.S: Namkum, District- Ranchi, Jharkhand. 4. The Recovery Officer, Employees State Insurance Corporation. Ministry of Labour, Government of India, having its regional office at Panchdeep Bhawan, Namkum, P.O & P.S: Namkum, District- Ranchi, Jharkhand. ..... Respondents --------- CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Deepak Kr. Dubey, Adv. For the Respondents : Mr. Binit Chandra, Adv. --------- 03/Dated: 07.11.2025 The instant writ application has been preferred by the petitioner for following reliefs:- For issuance of an appropriate writ(s)/order(s)/direction(s) particularly a writ in the nature of certiorari for quashing and/or setting aside the Order passed vide no. 60001621790000699/3152024545 dated 15.03.2024 under section 45(A) of the Employees' State Insurance Act, 1948 (Annexure-5) whereby and 2025:JHHC:34174 2 whereunder Respondent No.3 has confirmed that a sum of Rs. 14,02,749 (Rupees Fourteen Lakhs two thousand seven hundred forty-nine only) is statutory due as arrears of contribution payable by the employer/petitioner in respect of the claim of the Respondent No.3 without considering the entire documents submitted by the Petitioner on 26.02.2024 in despatch as well as without considering his own arithmetical mistakes in calculation, in place of contractual heading which is related to purchase material has been considered for contribution of employee and as such wrong calculation has been made and wrong figure of total Rs. 14,02,749 has come for paying the contribution. And also, respondent no.3 has not informed the employer/petitioner by mentioning of the date by which an appeal must be file within 60 days after depositing twenty-five percent of the contribution so ordered in the order dated 15.03.2024 which is in violation of Section 45 AA of ESI, Act, 1948. ii. For issuance of an appropriate writ(s)/order(s)/direction(s) particularly a writ in the nature of a writ in the nature of certiorari for quashing and/or setting aside the notice of demand dated 02.08.2024 issued vide reference no. 683 dated 05.08.2024 (Annexure-7) whereby and whereunder the Recovery Officer, ESI Corporation has issued the recovery notice of Rs. 21.51.735(Contribution of employer-14,02,749+ interest up to 31.07.2024- 7,27,682+ damages-21,304) without considering the entire documents submitted by the Petitioner on 26.02.2024 in despatch in which Petitioner has categorically intimated to the concerned respondent about the wrong calculation. iii. For issuance of an appropriate writ(s)/order(s)/direction(s) particularly a writ in the nature of a writ in the nature of certiorari for quashing and/or setting aside the recovery notice dated 2025:JHHC:34174 3 03.06.2025 issued vide no. 514 dated 06.06.2025 (Annexure-9) whereby and whereunder a sum of Rs. 21,59,575 is claimed to be due from the Petitioner and interest has been awarded at the Rate of Rs. 461.18 per day w.e.f. 15.08.2024 and if non-compliance with this summon/notice shall be punishable under Section 32 of the Code of Civil Procedure without considering his own arithmetical mistake in calculation as well as without made correction in calculation of contribution. iv. For issuance of an appropriate writ(s)/order(s)/direction(s) particularly a writ in the nature of a writ in the nature of mandamus commanding upon the respondent to reassessment/rectify or amend the wrong assessment/arithmetical calculation done by the concerned authority in order dated 15.03.2024 under the ESI Contribution for the year 2019-2020 beneath (15866, 21968) is mistakenly written thereafter beneath 23773 under ESI contribution 32916 is also mistakenly taken for calculation of contribution which appears that due to some typological or clerical mistakes there come an arithmetical mistake in the calculation and as such wrong calculation has been made and a wrong figure of Rs.14,02,749 has come for paying the contribution as contractual heading has been taken mistakenly for labour in place of purchase. 2. At the outset, learned counsel for the petitioner submits that there is some error with regard to calculation in paying the amount to the petitioner. As such, interest of justice would be sufficed if the matter is remitted to respondent No.3, so that he can verify the documents and pass a fresh order with regard to payment. Learned counsel further submits that the respondent may be directed to give liberty to the 2025:JHHC:34174 4 petitioner for hearing. 3. Learned counsel for the respondents does not oppose the prayer in the background that counter affidavit could not be filed. 4. Having regard to the limited submission of the learned counsel for the petitioner, the instant writ application is hereby disposed of by remitting the case to the respondent No. 3, who shall notice the petitioner and fix a date and after verifying the documents and recalculating the amount, if there is any calculation error then the same be rectified and balance amount be paid to the petitioner. 5. The entire exercise shall be completed within a period of eight weeks from the date of receipt /production of a copy of this order. 6. Accordingly, the instant writ application is hereby disposed of. Pending I.As, if any, is also closed. (Deepak Roshan, J.) November 07, 2025 Fahim/ Uploaded on 21/11/2025