Authority: High Court of Odisha, Cuttack

Order Date: 09 July 2026

Case Overview

  • Petitioner: M/s Subas Nutrition Private Limited, Jagatpur, Cuttack.
  • Respondents: Employees State Insurance Corporation (ESIC), New Delhi and others.
  • Writ Petition: W.P.(C) No.8381 of 2025 filed seeking relief against ESIC.
  • Amnesty Scheme Letter: On 01‑12‑2025 the Regional Director of ESIC, Odisha, Mr. Rudradeep Dutta, issued a digitally signed letter notifying the "Amnesty Scheme 2025" approved in ESIC’s 196th meeting held on 27 June 2025.
  • Scheme Provisions:
  • Settlement of Disputed Cases (Sections 75, 82 & Article 226 of the ESI Act, 1948) – covers disputes on coverage, contribution and damages; applicable to both closed and running units.
  • Disputed Damages: Employers may opt to pay only 10 % of assessed damages; cases pending in higher courts can also be settled under this provision.
  • Withdrawal of Criminal Cases (Sections 84, 85, 85A):
  • Insured persons can settle by refunding excess contributions without interest.
  • Employers can settle prosecutions by paying due contribution and interest based on actual or alternate records; no damages will be claimed.
  • Implementation: Beneficiaries may approach the ESIC Regional Office, Bhubaneswar, or visit www.esic.gov.in for further assistance.

Final Outcome

  • The Court, after considering the Amnesty Scheme letter, directed the parties to negotiate an amicable settlement in accordance with the Scheme.
  • It clarified that the contentions raised in the writ petition do not bar settlement under the Amnesty Scheme.
  • All earlier interim orders are merged into this order; no prior order shall impede the settlement process.
  • The writ petition is disposed of together with all pending interim applications.

Topics: Court Settlement, ESIC Amnesty Scheme, Labour Law