[Cites 7, Cited by 0]
Chattisgarh High Court
M/S Radhaswami Plastic Industries vs Employees State Insurance Corporation on 18 March, 2026
1
2026:CGHC:12907
NAFR
SOURABH
BHILWAR
Digitally signed by
HIGH COURT OF CHHATTISGARH AT BILASPUR
SOURABH
BHILWAR
Date: 2026.03.18
18:07:51 +0530
MA No. 81 of 2022
M/s Radhaswami Plastic Industries Through Director, Chandprakash
Bajaj S/o Late Shri H.R. Bajaj, Aged About 53 Years, R/o 43-A/1,
Industrial Area, Tifra, Bilaspur, District- Bilaspur, Chhattisgarh
... Appellant(s)
versus
1 - Employees State Insurance Corporation Through Regional Director,
107, Jagnnath Chowk, Ramnagar Road, Kota, Raipur, Chhattisgarh
2 - Recovery Officer Employees State Insurance Corporation, Raipur,
Chhattisgarh
3 - Branch Manager, I.C.I.C.I. Bank Bilaspur, Chhattisgarh
4 - Branch Manager, Axis Bank Bilaspur, Chhattisgarh
5 - Branch Manager, Oriental Bank Of Commerce Bilaspur,
Chhattisgarh
... Respondent
(Cause title is taken from Case Information System)
For Appellant : Mr. S.P. Kale, Advocate
For Respondents No.1 & 2 : Mr. Pranav Saxena, Advocate
For Respondent No.3 : None, despite service of notice
For Respondent No.4 : Mr. Prashant Gupta, Advocate
For Respondent No.5 : Mr. Akhilesh Mishra, Advocate
(HON'BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board
18/03/2026
1. The present appeal has been filed by the appellant under Section
82 of the Employees' State Insurance Act, 1948 (for short, 'the
ESI Act, 1948'), challenging the impugned order dated 29/06/2022
passed by the Court of Employees' Insurance, ESIC, Labour
Court, Bilaspur (C.G.).
2. Learned counsel for the appellant submits that during pendency of
the present appeal, the respondent-ESIC, on 24/07/2025, has
introduced a scheme, namely, the New Amnesty Scheme, 2025,
for withdrawal of criminal cases filed against insured persons and
employers, as well as for settlement of cases filed by employers
under Sections 75 and 82 of the ESI Act, 1948. It is further
submitted that an application has been filed along with a copy of
the said scheme seeking permission to avail the benefit of the
aforesaid scheme.
3. Learned counsel for the respondents have no objection to the
above prayer made by the counsel for the appellant.
4. I have heard learned counsel for the parties, perused the record
and the provisions of the New Amnesty Scheme, 2025.
5. For the sake of convenience, the relevant terms and conditions of
the New Amnesty Scheme, 2025 are quoted below :-
"(ii) DISPUTE OF CONTRIBUTION:
This Scheme shall also include cases in which
the employer has disputed the determination of
contribution under section 45A or under section 45AA or
recovery of contribution, in the Employees State
Insurance Court, u/s 75 of the ESI Act, made the appeal
u/s 82 of the Act or under article 226 of Constitution of
India (where substantial question of law is not involved),
up to 31.03.2025 subject to the fulfilment of the
following conditions:
i. The employer shall file a petition before the
Hon'ble Court where he has raised the dispute and
seek permission of Hon'ble Court for out of Court
settlement of matter under litigation. If the Court
allows, then the matter shall be settled as per the
scheme. The employer shall apply for the Amnesty
scheme in the proforma prescribed by the
corporation
ii. The employer shall pay both the Employees' and
Employers' share of contribution and interest on the
revised amount of as per their records, which he
shall produce before the assessing officers, if the
contribution has been assessed on assumed
wages and he shall comply with other provisions of
the Act.
iii. In case all the records required for assessment
of contribution are not available with the employer,
they shall produce alternative records such as
EPFO and Income Tax Record etc. and shall pay
the contribution accordingly as per these records.
iv. However, if the employer is not able to produce
any of the records and the assessment has been
made in respect of wages other than the wages
shown in Regulation 32 Register, he shall pay the
contribution which shall be not less than 30% of the
assessed amount of contribution. The cases where
assessment has already been made as per Hors
instruction No. P-11/13/97-Ins-IV dated 26.05.2003
or where the contribution has been assessed on
actual basis will not fall under the purview of the
scheme.
v. The employer shall pay Interest as per the
revised contribution.
vi. No damages shall be levied.
vii. The employer shall also furnish an undertaking
to the Corporation to the effect that he/she shall be
regular in compliance in the provisions of ESI Act in
future or else he/she shall forfeit the right to avail of
such amnesty scheme."
6. In view of the aforesaid benevolent scheme introduced by the
ESIC for settlement of disputes, the appellant is permitted to
move an appropriate application before the competent authority
under the said scheme.
7. Accordingly, the present appeal stands disposed of with the
aforesaid permission.
8. The appellant would be at liberty to approach this Court for
restoration of the present appeal, if the ESIC does not proceed
under the said scheme.
Sd/-
(BIBHU DATTA GURU)
JUDGE
$. Bhilwar
