Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 24 July 2026
Case Overview
- Petitioners: Girish Agarwal (S/O Shiv Bhagwan Agarwal), his wife Ruchika Agarwal, and minor children Bhavya Agarwal and Lavit Agarwal (through mother Ruchika Agarwal) residing in Delhi.
- Respondents: Employees State Insurance Corporation (ESIC) and five others including ESIC regional officers, authorised officer, branch manager, and HDFC Bank Ltd (through its nodal, compliance, legal officers and branch managers in Tinsukia, Kohat Enclave, etc.).
- The writ petition (WP(C)/2903/2026) challenges a prohibitory order dated 27 April 2026 issued by ESIC respondent No.2, which was based on an order dated 29 October 2025 passed under Section 45‑A of the ESI Act, 1948.
- Petitioners alleged that they were not served a copy of the 29‑Oct‑2025 order, prompting the filing of the writ.
Court Findings
- Respondent counsel produced the copy of the 29‑Oct‑2025 order during the hearing.
- The Court observed that the petitioners have an alternative and efficacious remedy under Section 45AA of the ESI Act, 1948.
- Consequently, the Court was not inclined to entertain the writ petition.
Final Outcome
- The writ petition is dismissed on the ground that an alternative remedy is available.
- The Court directs the petitioners to prefer an appeal under Section 45AA within thirty (30) days from the date of the order, and the appellate authority shall decide the appeal on merits without invoking any limitation bar.
- The dismissal shall not prejudice the petitioners in the appeal proceedings.
- The order dated 29‑Oct‑2025 passed by respondent No.3 is kept on record and marked with the letter “X”.
Topics: Legal Proceedings, ESIC Regulation