1 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE BEFORE: THE HON’BLE JUSTICE SHAMPA DUTT (PAUL) W.P.A. 14450 of 2026 Employees’ State Insurance Corporation & Anr. Vs. M/s. 24 Hrs TV & Anr. For the Petitioners/ESIC : Mr. Satyendra Agarwal, Adv. Mr. Goutam Malik, Adv. For the Respondent no.1 & 2 : Mr. Uddipan Banerjee, Adv. Mr. Md. Shahid, Adv. Mr. Subhrakanti Samanta, Adv. Judgment reserved on : 10.07.2026 Judgment delivered on : 10.07.2026 SHAMPA DUTT (PAUL), J.:- 1. The writ application has been preferred being aggrieved by the impugned order dated 5th December, 2025, passed by the Employees Insurance Court, West Bengal, Kolkata in Tender Case no. 83 of 2025 setting aside the order passed by the Appellate Authority, in a proceeding under Section 45AA of EST Act, 1948 dated 23/27.05.2025 and an order dated 24.02.2025 passed in a proceedings under Section 45A of ESI Act, 1948 and remanding back the case for fresh adjudication. 2 2. Vide the impugned order the learned Judge, ESI Court directed as follows: “That the application U/S 75(1)(g) of the ESI Act, 1948 along with injunction petition, dt. 12.09.2025 filed by the applicant is hereby disposed of finally on contest without any cost, with a direction upon the OP/ESIC to hear the applicant establishment in respect of determination of question of contribution within six months from the date of this order. The applicant is hereby directed to approach the ESIC to give the date of hearing and the ESIC shall give the date of hearing in writing to the applicant and thereafter, on production of all the documents, the hearing will be held and the ESIC shall acknowledge the submission of all documents and evidence in writing to the applicant.” 3. Learned Counsel for the ESIC/petitioner relies upon the judgment of the Hon’ble Supreme Court in Akella Lalitha v. Konda Hanumantha Rao & Ors. (Civil Appeal Nos. 6325-6326 of 2015) decided on 28.07.2022, ( paragraph 17):- “17. In the case of Bharat Amratlal Kothari and Anr. v. Dosukhan Samadkhan Sindhi and Ors. MANU/SC/1799/2009 : AIR 2010 SC 475 held: 3 Though the Court has very wide discretion in granting relief, the Court however, cannot ignore and keeping aside the norms and principles governing grant of relief, grant a relief not even prayed for by the petitioner.” 4. Learned Counsel for the respondent has relied upon the order of this Court passed in WPA 28390 of 2024 dated 09.06.2025, wherein the issue of maintainability was raised on the ground, that an order passed by the Employees’ Insurance Court under the provisions of the ESI Act, 1948 is an appealable order and only when a substantial question of law is involved, an appeal lies before the High Court, under Section 82 of the Act and in all other cases the relief lies before the High Court in a civil revision. 5. The learned Counsel for the respondent further relies upon the judgment of the co-ordinate Bench of this Court in Employees State Insurance Corporation v. Mackintosh Burn Ltd. (Civil Order No. 1765 of 1998) decided on 04.01.1999 (paragraph 12 and 13). 6. In response to the said judgment relied upon, the learned Counsel for the petitioner submits that in the present case, admittedly no substantial question of law is involved and as such the impugned order is not appealable. 7. On hearing the learned Counsel for the parties and considering the materials on record, including the judgments relied upon and the impugned order, wherein the learned ESI Court by passing a reasoned 4 order has directed the ESI authorities to hear the applicant/establishment in respect of the determination of question of contribution within six months vide the order dated 05.12.2025. The ESI Authorities without complying with the said order has approached this Court after a period of seven months and no explanation as to the delay has been given by the ESIC/petitioner herein. 8. Considering the said facts this Court finds no reason to interfere with the impugned order challenged in the said writ application. 9. The writ application is disposed of with the direction that the ESI Authority shall comply with the order impugned and complete the total process within one month from the date of communication of this order. 10. The writ application being W.P.A. 14450 of 2026 stands disposed of. 11. Connected application, if any, stands disposed of. 12. Interim order, if any, stands vacated. 13. Urgent Photostat certified copy of this judgment, if applied for, be supplied to the parties expeditiously after due compliance. [Shampa Dutt (Paul), J.]