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2026 DAILYLAW 1285 (ORI)

M/S ORIENTAL SECURITY SERVICE, BHUBANESWAR v. RECOVERY OFFICER, EMPLOYEES STATE INSURANCE CORPORATION, BHUABANESWAR

WP(C)/6541/2026 · 2026-03-16

M S Sahoo

Writ Petition (Civil)body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 6541 of 2026 M/S Oriental Security Service, Bhubaneswar …. Petitioner Mr. Ajit Kumar Roy, Advocate -versus- Recovery Officer, Employees State Insurance Corporation, Bhubabaneswar and another …. Opposite Parties Mr. Amarendra Prasad Ray, Advocate CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 16.03.2026 (Hybrid Mode) 02 The matter being in the list is mentioned by the learned counsel for the parties to be heard. 1. The petitioner-partnership firm providing manpower services to various organizations employs about two thousand persons as stated. The petitioner is before this Court challenging the garnishee order dated 18.02.2026 and attachment notice dated 12.02.2026 passed by the opposite party no.1-Recovery Officer, Employees’ State Insurance Corporation, Panchdeep Bhawan, Bhubaneswar. 2. Along with the memo of date he produces letter dated 13.03.2026 issued from the Regional office, p. 2 Odisha, Employees State Insurance Corporation (Ministry of Labour & Employment, Govt. of India) from the Director (Legal). The instruction states thus : Sub: Instruction in W.P.(C) No. 6541 of 2026 (M/s. Oriental Security v. Recovery Officer, ESIC and another). Sir, Please refer to your letter dated 05.03.2026 on the subject cited above, in this regard it is informed your that as per Chapter XXI of ESIC Revenue Manual read with 1/21 of DoP 2005, RD can grant instalment facility and for this the employer should be required to furnish Bank Guarantee for the payment of monthly instalment. This is for information and necessary action at your end.” 3. In view of the submissions made by the learned counsel for the petitioner as well as learned Standing Counsel for the opposite party-authorities, it is directed that the petitioner shall approach the authority Regional Director for grant of instalment facility under Chapter-XXI of ESIC Revenue Manual read with 1/21 of DoP 2005, RD. 4. The authorities after fixing suitable instalment that would be directed, shall allow petitioner to deposit the same. For depositing the instalment from the bank account of the petitioner, attachment shall be lifted. The garnishee proceeding shall not be given effect to. 5. It is further directed that apart from following the ESIC revenue manual, the authorities shall have the liberty to fix the payment schedule in accordance with the instalments fixed and other necessary conditions, in the interest of justice as well as for furtherance of the p. 3 collection of the legitimate ESI dues. The authority shall also consider the fact that coercive action against an employer that employs very large number of employees would affect the payment of wages that the employees are receiving. 6. This Court puts on record its appreciation for the efforts of the learned Standing Counsel in disposal of the matter. (Mruganka Sekhar Sahoo) Judge dutta