Calcutta High Court
WPA/29495/2026 of ESI ESTABLISHMENTS CONTACTORS WORKERS UNION AND ANR Vs STATE OF WEST BENGAL AND ORS. on 14 October 2026
Ct. No. 30 Aloke WPA 29495 of 2026 ESI Establishments Contractors Workers Union & Anr. Vs State of West Bengal & Ors. Mr. Soumya Majumder, ld. Sr. Adv. Mr. Susanta Pal … for the petitioners Ms. Aparna Banerjee, ld. AGP Mr. Atanu Basu … for the State 1. Report as called
14.10.2026
Item No.13
Ct. No. 30
Aloke
WPA 29495 of 2026
ESI Establishments Contractors Workers Union &
Anr.
Vs
State of West Bengal & Ors.
Mr. Soumya Majumder, ld. Sr. Adv.
Mr. Susanta Pal
… for the petitioners
Ms. Aparna Banerjee, ld. AGP
Mr. Atanu Basu
… for the State
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1. Report as called for is placed by the learned counsel for the ESI Corporation wherein it appears that the authority concerned has stated as follows : “Respondent no. 6 is not the appointing authority and has not engaged the petitioners. Therefore, this office is unable to release the remuneration of the outsourced contractual technical staff working at ESI Hospital Manicktala. The said outsourced staff is still working at ESI Hospital Manicktala as per decision in the meeting of 117th and 122th RAB (Regional Advisory Board). There is no formal approval from the higher authority as to pay their remuneration Since inception, these outsourced technical staff were paid by Office of the Regional Director ESIC (Central Autonomous Body) through the agency till September 2022 and thereafter up to January 2026 as per direction of Hon'ble High Court dated 22.09.2025. (WPA No. 22127 of 2025).”
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2. Copy served upon the learned counsel for the petitioner.
3. On hearing the learned counsel for the parties and considering the report of the respondent authorities, it is directed that the outsourced technical staff shall continue to be paid by Office of the Regional Director ESIC (Central Autonomous Body) through the agency as done till September 2022 and thereafter up to January 2026 as per direction of High Court dated 22.09.2025. (WPA No. 22127 of 2025), until further orders and/or till a final decision is taken by the appropriate authority for payment of wages to these employees, considering the fact that admittedly the said outsourced technical staff are still working at the ESI Hospital, Maniktala as per the decision in the meeting of 117th and 122nd Regional Advisory Board (RAB) and they cannot be expected to do so without being paid their due wages as entitled, for the work being done.
4. The writ application is accordingly disposed of.
5. Connected application, if any, stands disposed of.
6. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance with all requisite formalities.
(Shampa Dutt (Paul), J.)