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Kerala High Court
M/S. Squad 7 Security And Allied ... vs The Employees’ State Insurance ... on 8 January, 2026
2026:KER:899
WP(C) NO. 29434 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 8TH DAY OF JANUARY 2026 / 18TH POUSHA, 1947
WP(C) NO. 29434 OF 2025
PETITIONER/S:
M/S. SQUAD 7 SECURITY AND ALLIED SERVICES
PLOT NO. 102, ROAD NO. 3, SAMATHA NAGAR,
OLD SAFILGUDA, SECUNDERABAD, TELANGANA,
REPRESENTED BY ITS PROPRIETOR
SHRI. J. RAMESH KUMAR, AGED 69 YEARS,
S/O. LATE JAMMI HARINARAYANA, RESIDING AT PLOT NO. 22,
SANTOSH PRAVEEN APARTMENTS, OLD SAFILGUDA,
SECUNDERABAD, TELANGANA, PIN - 500056
BY ADV SRI.T.U.SUJITH KUMAR
RESPONDENT/S:
1 THE EMPLOYEES' STATE INSURANCE CORPORATION
REPRESENTED BY THE RECOVERY OFFICER,
SUB-REGIONAL OFFICE, ESI CORPORATION,
KOZHIKODE DISTRICT, KERALA, PIN - 673006
2 THE BRANCH MANAGER
STATE BANK OF INDIA, DEFENCE COLONY BRANCH,
FGJP-P&P, NEREDMET X ROAD, DEFENCE COLONY LAYOUT,
NEREDMET, SATPATGIRI COLONY,
SAINIKPURI, SECUNDERABAD, TELANGANA, PIN - 500056
3 THE BRANCH MANAGER
STATE BANK OF INDIA, ADITHYANAGAR COLONY BRANCH,
KAPRA, A.S. RAO NAGAR, SECUNDERABAD,
TELANGANA, PIN - 500062
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WP(C) NO. 29434 OF 2025 2
4 THE SUB REGIONAL OFFICER
EMPLOYEES' STATE INSURANCE CORPORATION, KOZHIKODE,
PANCHDEEP BHAVAN, ERANHIPALAM P.O, KOZHIKODE DISTRICT,
KERALA
(IMPLEADED AS PER ORDER DATED 08.01.2026 IN I.A. NO.2
OF 2025)
BY ADVS.
SHRI.T.V.AJAYAKUMAR
KUM.RIMJU P.H.
SHRI.JOTHIS CHACKO
SRI. JAWAHAR JOSE, SC, SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 29434 OF 2025 3
JUDGMENT
Petitioner is a sole proprietorship firm. Proceedings were
initiated against the petitioner under the provisions of the
Employees State Insurance Act, 1948 (hereinafter referred to as
'the Act') determining its liability to pay a sum of Rs.30,67,880/-,
inclusive of interest and damages for the period upto 30.05.2025.
Since the petitioner failed to pay the amount determined as above,
garnishee proceedings were initiated in respect of the bank
accounts of the petitioner with respondent Nos.2 and 3, prompting
the petitioner to approach this Court by filing the above writ
petition.
2.When this matter is taken up for consideration today, it
is the submission of the learned counsel appearing for the
petitioner that, presently, there is an Amnesty Scheme in force and
the petitioner may be permitted to avail the benefit of the Amnesty
Scheme.
3.Learned counsel appearing for the Employees State
Insurance Corporation would submit that the petitioner has made
out no grounds for interference with the recovery proceedings
initiated by the ESI Corporation. It is pointed out that the
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petitioner has not yet challenged determination of the liability in
any manner and therefore, no fault can be found with the
Authorities in having initiated recovery proceedings to recover the
amounts determined as the liability of the petitioner under the
provisions of the Act. However, it is not disputed that there is an
Amnesty Scheme now in force and the claim of the petitioner can
be considered under the said Amnesty Scheme provided the
petitioner satisfies the conditions for grant of Amnesty.
4. Having heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the ESI
Corporation, I am of the opinion that the writ petition can be
disposed of directing that, if the petitioner files any application
for consideration of its case under the Amnesty Scheme, within a
period of two weeks from today, before the Competent Authority,
the claim of the petitioner for settlement in terms of the Amnesty
Scheme shall be considered in accordance with the provisions of
the Amnesty Scheme and after considering the eligibility of the
petitioner. The decision of the Competent Authority shall be
communicated to the petitioner. Further recovery proceedings
against the petitioner shall remain suspended till such time as a
decision is taken on the application to be filed by the petitioner
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seeking benefit of the Amnesty Scheme provided the petitioner
files an application seeking the benefit of the Amnesty Scheme
within a period of two weeks from today, as directed above. .
Writ petition is ordered accordingly.
Sd/-
GOPINATH P.
JUDGE
ajt
2026:KER:899
APPENDIX OF WP(C) NO. 29434 OF 2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE GARNISHEE ORDER DATED
10.06.2025 ISSUED BY THE RECOVERY OFFICER,
SUB-REGIONAL OFFICE, ESIC, KOZHIKODE TO THE
BRANCH MANAGER, STATE BANK OF INDIA, DEFENCE
COLONY BRANCH, SECUNDERABAD.
Exhibit-P1(a) A TYPED COPY OF EXHIBIT-P1.
Exhibit-P2 A TRUE COPY OF THE AMNESTY SCHEME DATED
24.07.2025 ISSUED BY THE JOINT DIRECTOR,
EMPLOYEES' STATE INSURANCE CORPORATION.
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the C-18 (Actual) Notice dated
28-3-2019 issued by the ESIC to the
petitioner
Exhibit R1(b) True copy of the acknowledgement Card signed
by Sri.Ramesh Kumar.
Exhibit R1(c) True copy of the Form C-18 notice dated 3-10-
2019 issued by the Deputy Director of ESIC to
the Petitioner.
Exhibit R1(d) True copy of acknowledgement cards (2).
Exhibit R1(e) True copy of the C-18(Actual) notice dated
12-3-2010 was issued to the petitioner.
Exhibit R1(f) True copy of the above acknowledgement card
Exhibit R1(g) ) True copy of the C-19 notice dated 5-7-2019
issued by the Deputy Director addressed to
the Recovery Officer, with copy to the
petitioner.
Exhibit R1(h) True copy of the acknowledgement card.
Exhibit R1(i) True copy of C-19 notice dated 17-2-2020
issued by the Deputy Director addressed to
the Recovery Officer.
Exhibit R1(j) True copy of C-19 notice dated 9-12-2020
issued by the Deputy Director addressed to
the Recovery Officer.
Exhibit R1(k) True copy of acknowledgement card.
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Exhibit R1(l) True copy of the C-19 Interest notice dated
4-2-2019 issued by the Deputy Director to the
Recovery Officer with copy to the petitioner.
Exhibit R1(m) True copy of the D19 damage recovery notice
issued by the Deputy Director of ESIC, to the
Recovery Officer with a copy to the
petitioner.
Exhibit R1(n) True copy of the Form No.ESI CP2 notice dated
27-2-2020 issued by the Recovery Officer to
the petitioner.
Exhibit R1(o) True copy of the reply dated 5-3-2020
submitted by the petitioner.
Exhibit R1(p) True copy of the e-mail dated 17-11-2020 of
the petitioner.
