M/S INDUSTRIAL HANDLING PRIVATE LIMITED (ERSTWHILE M/S INDUSTRIAL HANDLING) v. EMPLOYEES STATE INSURANCE CRPORATION (ESIC) AND ORS
WPA/17099/2025 · 2026-01-27
Shampa Dutt Paul
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10903 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10903 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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27.01.2026 Item No.07 BR
WPA 17099 of 2021 M/s. Industrial Handling Private Ltd. (erstwhile M/s. Industrial Handing ) -vs-
Employees State Insurance Corporation (ESIC) and Ors.
Mr. Asim Kumar Chatterjee , Mr. Rajni Mukherjee, Ms. Mahuya Ghosh, Mr. Somnath Roy Choudhury, Ms. Satabdi Dey, Mr. S. Majumder … for the petitioner
Mr. Subal Maitra, Mr. Arindam Maitra .. for the respondent no. 1 and 2
1. The writ application has been preferred challenging an
order passed under Section 45AA of the Employees State Insurance Act,
1948.
2. Learned counsel appearing for the ESI authorities submits
that Section 75 of the ESI Act provides the provision wherein a person being aggrieved with an
order passed under Section 45AA of the
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ESI Act, has to approach the ESI Court with his grievance.
3. On hearing the learned counsels for the parties, the writ application is
disposed of with liberty granted to the petitioner to approach the ESI Court under Section 75 of the ESI Act within 30 days from the date of this order.
4. Period of limitation, if any, is extended accordingly, in the interest of justice.
5. Pending hearing of the appeal, the
order under Section 45AA of the ESI Act dated 26.01.2024 be stayed, till disposal of the proceedings under Section 75 of the ESI Act.
6. In case the petitioner does not approach the ESI Court as per leave granted, the order of stay shall stand automatically vacated, on
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expiry of the period noted in the
order.
7. It is made clear that this Court has not gone into the merits of this case.
8. Writ application stands disposed of.
9. Applications, if any, connected thereto stand
disposed of consequently.
10. Interim
order, if any, stands vacated.
11. Photostat certified copy of this
order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
( Shampa Dutt (Paul), J. )