Authority: Calcutta High Court
Order Date: 25 September 2026
Case Overview
- Parties: Petitioner – M/s Onkarmull & Shankarlal & Anr.; Respondent – Employees' State Insurance Corporation & Anr.
- Nature of proceeding: Writ application seeking direction to pre‑pone the hearing of Misc. Case No. 54 of 2026 (prayer for restoration of ESI Case No. 07 of 2019).
- Background: The petitioner wishes to avail the Amnesty Scheme 2025, issued by the ESI Corporation, which expires on 30 September 2026. The Misc. Case hearing was originally scheduled for February 2027, which would preclude the petitioner from using the scheme.
- Key observations: The Court noted that without an earlier hearing the petitioner cannot benefit from the Amnesty Scheme; therefore, it directed an expedited hearing.
Directions
- The ESI Court, Calcutta, shall pass necessary orders by pre‑poning the date of the Misc. Case to 28 September 2026 and dispose of it in accordance with law, keeping in mind the petitioner’s intention to avail the Amnesty Scheme 2025.
- The writ application is disposed of.
- Any connected application, if existent, stands disposed of.
- Interim orders, if any, are vacated.
- An urgent photostat certified copy of this order shall be supplied to the parties upon compliance with all requisite formalities.
Final Outcome
- The writ application is dismissed; the ESI Court is directed to hear the matter on 28 September 2026, thereby allowing the petitioner to potentially benefit from the Amnesty Scheme 2025.
Topics: Employees' State Insurance, Court Order, Amnesty Scheme