WP/23811/2026 of SRI SANTHOSH Vs UNION OF INDIA on 24 September 2026

ORDER

VIDE IN FILE NO. 53/A/22/15/032021/RO/EMD(ADM) PART

DATED 06/07/2026 ISSUED BY THE R3 THE REGIONAL DIRECTOR, ESIC REGIONAL OFFICE, BENGALURU IN CORRIGENDUM TO THE SPEAKING ORDER DATED 01.06.2026 PRODUCED AS ANNEXURE-B AND THE RELIEVING

ORDER

VIDE NO. 532/A/20/18(88)/11-12/ESTT. DATED 24/07/2026 ISSUED BY THE R3, THE REGIONAL DIRECTOR THROUGH THE JOINT DIRECTOR, ESI REGIONAL OFFICE, BENGALURU PRODUCED AS ANNEXURE-C.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

1. The present petition has been filed seeking for issuance of appropriate writ to set aside the impugned office order at Annexure-A as well as the corrigendum to the speaking order at Annexure-B and relieving order at Annexure-C. The office order at Annexure-A relates to the transfer of the petitioner to the dental college at Kalaburgi.

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Other orders are incidental to such order of transfer. The petitioner admittedly is an employee of ESIC i.e., the Employee State Insurance Corporation. Under the Administrative Tribunals Act, Section 14 sub clause (2) and (3) reads as hereunder:

(2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations [or societies] owned or controlled by Government, not being a local or other authority or corporation [or society] controlled or owned by a State Government: Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub- section in respect of different classes of, or different categories under any class of, local or other authorities or corporations [or societies].

(3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation [or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court in relation to- (a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of

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such local or other authority or corporation [or society]; and (b) all service matters concerning a person [other than a person referred to in clause (a) or clause(b) of sub-section (1)) appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society] and pertaining to the service of such person in connection with such affairs.

2. In terms of Section 14(3)(b), all service matters concerning affairs of authority or corporation would be exclusively dealt with by the Central Administrative Tribunal. In terms of Section 14(2), the Central Government has been conferred with power to make notification of corporations making applicable Section 14(3) to employees of such corporations. In terms of the notification containing list of corporations in terms of Section 14(2) of the Act of 1985, the Employees State Insurance Corporation is found at serial No.2. Copy of the said notification is produced.

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3. In light of the same, the petitioner is relegated to avail of remedy before the Central Administrative Tribunal.

4. Accordingly, the petition is disposed of.

5. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE SKS