Orissa High Court

WP(C)/8770/2026 of M/S MAA SHAKTI FABRICATION AND ERECTOR, RAMPAS, JAJPUR Vs EMPLOYEES STATE INSURANCE CORPORATION, NEW DELHI on 1 July 2026

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of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No.8770 of 2026 M/s. MAA Shakti Fabrication and Erector, Jajpur …. Petitioner Mr. Ramesh Chandra Rout, Advocate -versus- Employees’ State Insurance Corporation, New Delhi and others …. Opp. Parties Mr. N.D. Tripathy, Advocate

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.8770 of 2026

M/s. MAA Shakti

Fabrication and Erector,

Jajpur

….

Petitioner

Mr. Ramesh Chandra Rout, Advocate

-versus-

Employees’ State Insurance

Corporation, New Delhi and

others

….

Opp. Parties

Mr. N.D. Tripathy, Advocate

CORAM:

JUSTICE MRUGANKA SEKHAR SAHOO

Order No.

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ORDER

01.07.2026 (Hybrid Mode)

03.

1. The petitioner before this Court is a proprietorship firm. It challenges the order dated 24.01.2023 passed U/s.45-A of the Employees’ State Insurance Act, 1948 directing to pay the contribution totaling Rs.3,23,978/-for the period from August, 2017 to April, 2018.

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 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 garnishee order U/s.45G of the ESI Act dated 26.02.2024 (Annexure-3) 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 order U/s.45-A dated 24.01.2023 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.

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.

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

7. The writ petition is disposed of accordingly.

Urgent certified copy be issued as per rules.

(Mruganka Sekhar Sahoo) Judge

Radha Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 03-Jul-2026 16:40:32 Signature Not Verified

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