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High Court of Jharkhand · body

2026 DAILYLAW 9719 (JHR)

DHARMENDRA KUMAR SINGH v. THE UNION OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT,

WPC/7721/2025 · 2026-01-21

Rajesh Kumar

Writ Petition (Civil)body2026

Judgment text

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2026:JHHC:1571 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7721 of 2025 Dharmendra Kumar Singh, aged about 55 years, S/O Dinanath Singh, the Director of Indian Public School, Code No.-60001571960001302 (Already Surrendered), Dinanath Singh Bhawan, Asnabad, P.O.- Karna, P.S.- Jhumri Telaiya, Distrct-Koderma, Jharkhand. …… Petitioner Versus 1. The Union of India, Ministry Of Labour & Employment, Government of India, represented through its' Director, having Office at Shram Shram Shakti Bhawan, Rafi Marg, P.O.-G.P.O., P.S. - Sansand Marg, New Delhi- 110001. 2. The Regional Director, Employees State Insurance Corporation, (Ministry of Labour & Employment, Govt. of India), Panchdeep Bhawan, Namkum, P.O. & P.S. Namkum District-Ranchi, Jharkhand. 3. The Social Security Officer, Koderma, Employees State Insurance Corporation, House of Chote Modi, Near Bus Stand, Jhumri Telaiya, P.O. & P.-Jhumri Telaiya, District- Koderma, Jharkhand. 4. The Recovery Officer, E.S.I. Corporation, Govt. of India, Ministry of Labour, Ranchi, P.O. & P.S. Namkum District -Ranchi, Jharkhand. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Niladri Shekher Mukherjee, Advocate Mr. Pankaj Kumar, Advocate For the Resp.-UOI : Mr. Prashant Pallav, ASGI Mr. R. K. Gupta, CGC Mr. Sunil Kumar, Sr. SC For the Resp.-ESIC : Mrs. Richa Sanchita, Advocate Ms. Risheeta Singh, Advocate --------- 02/Dated: 21 st January, 2026 1. The present writ petition has been filed for the following relief :- “(a) for issuance of appropriate writ(s), order(s) & direction(s) mainly a writ in the nature of Certiorari for quashing the impugned order contained in letter No. P/60001571960001302/Ins-I dated 30.04.2025 (Annexure-9), the Appellate Order U/Sec. 45-AA of - 1 - W.P.(C) No.7721 of 2025 2026:JHHC:1571 the ESI Act. under the signature of the Appellate Authority-Cum-Regional Director, Respondent No.2, whereby and where under the respondent authority has been pleased to calculate the total contribution at a Sum of Rs.92,743/- for the period June-2018 to March 2020 but which should be Rs. 34,976/-only. (b) For quashing the impugned order U/Sec.45A of the ESI Act, 1948 as contained in letter dated 30.04.2019 (Annexure-5) in which assessed amount is Rs.2,44,447/- whereas actual amount would be Rs.87,873/- and the order as contained in letter no. Q / RR/60001571960001302/11179/2009/3/10/25 dated 30.10.2025 (Annexure-10) issued under the signature of the Recovery Officer, E.S.I. Corporation, Respondent No.4. as the calculation and demand of Rs.4,90,949/- with interest is excessive and without considering the actual amount which would be Rs.87,873/- plus interest for the period 04/16 to 05/18 and could not be paid for non-issuance of password for depositing 25% of the alleged demand of the demand as contained in Annexure-5 dated 30.04.2019 to prefer Statutory Appeal in-spite of written request made earlier on 20.08.2018 on proper receipt. (c) Writ in the nature of Mandamus commanding upon the concerned respondent to reconsider the prayer of the petitioner verifying the records and considering the other factors in both the matters stated above, (d) During pendency of the writ application the operation execution of the impugned order as contained in Annexure-9 & 10 may be stayed.” 2. It has been pointed out by the learned counsel for the respondents that there is provision of appeal. 3. In that view of the matter, learned counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to approach the appellate authority. - 2 - W.P.(C) No.7721 of 2025 2026:JHHC:1571 4. With the aforesaid liberty, the present writ petition is, hereby, disposed of. 5. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) 21st January, 2026 Ravi-Chandan/- Uploaded on 22.01.2026 - 3 - W.P.(C) No.7721 of 2025