Indranil Roy vs Employees State Insurance
2026 Latest Caselaw 3050 Cal/2

Calcutta High Court

Indranil Roy vs Employees State Insurance on 16 April, 2026

OD-5
                                  WPO/151/2025

                      IN THE HIGH COURT AT CALCUTTA
                         Constitutional Writ Jurisdiction
                                ORIGINAL SIDE


                                        INDRANIL ROY

                                                    -VERSUS-

                                        EMPLOYEES STATE INSURANCE
                                        CORPORATION AND ORS.

  BEFORE:
  The Hon'ble JUSTICE SHAMPA DUTT (PAUL)
  Date : 16th April, 2026.
                                                                                 Appearance:
                                                                 Mr. Debapriya Gupta, Adv.
                                                              Mr. Bhaskar Duttagupta, Adv.
                                                                    Ms. Sona Khatoon, Adv.
                                                                        ...for the petitioner.

                                                                  Mr. Sandipan Banerjee, Adv.
                                                        ...for the Durgapur Municipal Corpn.

                                                           Mr. Shiv Shankar Banerjee, Adv.
                                                                   Ms. Sretapa Sinha, Adv.
                                                              Mr. Siddharth Chamria, Adv.
                                                                               ...for ESIC.

                                                         Mr. Tapan Kumar Mukherjee, Adv.
                                                                Mr. Somnath Naskar, Adv.
                                                                 ...for the respondent no.5.

The Court: Learned Advocate appearing for the respondent/ESIC has

filed documents in support of their contention that all notices and orders including

an order under Section 45A of the ESI Act passed on 27 th March, 2025 have been

served upon the petitioner herein and the petitioner, without preferring an appeal,

has approached this Court by stating that no order under Section 45A of the Act

was served upon the petitioner and, as such, having got knowledge for the first time

on receiving the necessary notice dated 20 th February, 2026, the petitioner has

approached this Court.

It is the contention of the petitioner herein that he is a contractor holding

a certificate of enlistment as civil contractor etc. along with PF and ESI

registration. The petitioner was engaged by the Durgapur Municipal Corporation

and executed work by employing hired contract labourers. It is stated that after

completion of the work the petitioner has paid all wages, bonus and statutory dues

to the hired contract labourers in full and final settlement. But the respondent/ESI

has made a claim for dues for the period as mentioned in the impugned order. The

petitioner has approached this Court after the notice of the Recovery Officer was

served upon the petitioner. It is stated by the petitioner that he has made payment

of ESI dues till termination of the contract under the Durgapur Municipal

Corporation in November, 2014 and dues in the impugned notice is from September,

2019 to March, 2024.

It appears that the petitioner has replied to the said notice dated 4 th

November, 2024. From the writ application it appears that the petitioner has not

mentioned about any order under Section 45A of the ESI Act. The respondent has

produced an order under Section 45A of the ESI Act dated 27 th March, 2025 and the

track report showing due service of the order upon the petitioner herein.

The impugned order being appealable, the petitioner without preferring

an appeal, has approached this Court by suppressing that he has received the order

under Section 45A of the ESI Act.

Accordingly, WPO/151/2026 having no merit, stands dismissed.

(SHAMPA DUTT (PAUL), J.) A.Sadhukhan