[Cites 4, Cited by 0]
Madras High Court
Dr.B.M.S. Matriculation Higher ... vs The State Of Tamil Nadu on 7 January, 2026
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2026:MHC:125
W.A.No.5 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.A.No. 5 of 2026
and
C.M.P.No.65 of 2026
Dr.B.M.S. Matriculation Higher Secondary School,
No.40, 1st Main Road, Shenoy Nagar,
Chennai – 600 030
Rep. by its Correspondent Dr.B.S.Tiruvadanan ...Appellant
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Labour Welfare and Skill Development Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Regional Director,
Regional Office (Chennai),
Employees State Insurance Corporation,
Panchdeep Bhawan, No.143, Sterling Road,
Chennai – 600 034.
3.The Deputy Director,
Regional Office (Chennai),
Employees State Insurance Corporation,
Panchdeep Bhawan, No.143, Sterling Road,
Chennai – 600 034.
4.The Recovery Officer,
Regional Office (Chennai),
Employees State Insurance Corporation,
Panchdeep Bhawan, No.143, Sterling Road,
Chennai – 600 034.
1/5
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W.A.No.5 of 2026
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5.The Branch Manager,
Tamil Nadu State Cooperative Bank,
15.16, Ayyavu Street,
Shenoy Nagar,
Chennai – 600 030. ...Respondents
PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent praying
to set aside the order made in W.P.No.27207 of 2022 dated 08.07.2025.
For Appellant : Mr.G.Sankaran, Senior Counsel
for Mr.S.Nedunchezhiyan
For Respondents : Dr.S.Suriya, Addl. Govt. Pleader for R1
*******
JUDGMENT
(Judgment of the Court was delivered by C.KUMARAPPAN, J.)
The present Writ Appeal assails the order of the learned Single Judge
made in W.P.No.27207 of 2022 dated 08.07.2025.
2. The main contention of the learned Senior Counsel appearing on
behalf of the appellant is that according to Section 45A of the Employees’
State Insurance Act (hereinafter referred to as “ESI Act”) there should have
been prior notice before passing order under Section 45. Whereas, in the
case on hand, no such notice was issued. It is also further contended that
there was stay by the High Court and without considering the limitation, which
is provided under second proviso to Section 45A of the ESI Act, the present
notice under Section 45A was issued beyond a period of five years. Hence
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would contend that the very 45A notice is liable to be interfered with. Whereas
the learned Single Judge without considering the very intent of the provision
has rejected the Writ Petition, hence, prayed to interfere with the same.
3. We have given anxious consideration to the contentions of the
learned counsel on either side.
4. It is the well settled principle of law that whenever there is any
grievance in respect of order under Section 45A of ESI Act, the appellate
remedy is by way of Section 75 of the ESI Act. In the case on hand, the
learned Single Judge considered these aspects and held that the petitioner is
at liberty to file appeal before the ESI Court under section 75 and raise all
objections.
5. We absolutely do not find any infirmity in the order of the learned
Single Judge. Consequently, this Writ Appeal stands dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
(S.M.S., J.) (C.K., J.)
07.01.2026
dsa
Index :Yes/No
Neutral Citation :Yes/No
Speaking/Non-speaking order
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To
1.The Principal Secretary to Government,
State of Tamil Nadu,
Labour Welfare and Skill Development Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Regional Director,
Regional Office (Chennai),
Employees State Insurance Corporation,
Panchdeep Bhawan, No.143, Sterling Road,
Chennai – 600 034.
3.The Deputy Director,
Regional Office (Chennai),
Employees State Insurance Corporation,
Panchdeep Bhawan, No.143, Sterling Road,
Chennai – 600 034.
4.The Recovery Officer,
Regional Office (Chennai),
Employees State Insurance Corporation,
Panchdeep Bhawan, No.143, Sterling Road,
Chennai – 600 034.
5.The Branch Manager,
Tamil Nadu State Cooperative Bank,
15.16, Ayyavu Street,
Shenoy Nagar,
Chennai – 600 030.
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S.M.SUBRAMANIAM, J.
and
C.KUMARAPPAN, J.
dsa
07.01.2026
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