WP(C)/19308/2026 of RAJANI KANTA PATRO Vs STATE OF ODISHA on 7 July 2026

ORDER

07.07.2026 (Hybrid Mode)

01.

1. The petitioner before this Court is a proprietorship firm. It challenges the order dated 19/20.07.2017 passed U/s.45-A of the Employees’ State Insurance Act, 1948 directing to pay the contribution totaling Rs.2,09,138/-for the period from June, 2012 to November, 2014.

2. In view of the statutory provision of Section 75(1)(g) of the Employees’ State Insurance Act, 1948, the petitioner has efficacious statutory remedy available to him. Section 75(1)(g) of the Employees’ State Insurance Act, 1948 is reproduced herein:

“75. Matters to be decided by Employees’ Insurance Court. – (1) If any question or dispute arises as to –(g) aby other matter which is in Digitally Signed Signed by: RAJESH KUMAR BADHEI Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Jul-2026 10:58:13 Signature Not Verified dispute between a principal employer and the Corporation, or between a person and the Corporation or between an employee and a principal or immediate employer, in respect of any contribution or benefit or other dues payable or recoverable under this Act, [or any other matter required to be or which may be decided by the Employees’ Insurance Court under this Act], Such question or dispute [subject to the provisions of sub-section (2-A)] shall be decided by the Employees’ Insurance Court in accordance with the provisions of this Act.”

Section 77.(1)(1-A) of the Employees’ State Insurance Act, 1948 is reproduced herein:

“77. Commencement of proceedings. – (1) The proceedings before an Employees’ Insurance Court shall be commenced by application.

[(1-A) Every such application shall be made within a period of three years from the date on which the cause of action arose.”

3. It is submitted by the learned counsel for the petitioner that the Demand Notice in Form-CP-2 dated 18.07.2024 (Annexure-1) has led to the cause of action. Therefore three years has to be calculated from 26.02.2024.

4. Learned counsel for the ESI submits that the Demand Notice dated 18.07.2024 has to be challenged U/s.75(1)(g) of the ESI Act.

5. Having heard learned counsel for the petitioner as well as learned ESI Corporation, in considered view of this Court, in view of the mandate of law as well as statutory provision for filing of the appeal, no purpose would be served keeping the writ petition pending before this Court.

6. Accordingly, it is directed that the petitioner shall file appeal before the Employees’ Insurance Court within a period of three weeks from the date of receipt of the certified copy of this order. The appeal shall be filed along with certified copy of this order. No coercive action pursuant to Annexure-1 shall be taken by the Corporation till interim protection is decided by the learned E.I. Court concerned till disposal of the appeal.

7. Copy of the original documents filed in the writ application shall be returned after being substituted with attested photocopies, if so required by the petitioner.

8. Upon filing of the appeal, the learned Employees’ Insurance Court shall not detain itself on the ground of limitation of three years and shall proceed to adjudicate the matter on merits in accordance with law by giving opportunity to the parties.

9. The writ petition is disposed of accordingly.

Urgent certified copy be issued as per rules.

(Mruganka Sekhar Sahoo) Judge Rajesh