Authority: Uttarakhand High Court (Hon'ble Manoj Kumar Tiwari, J)

Order Date: 21 September 2026

Case Overview

  • Petitioner: Ram Murti, seeking statutory benefits under the Employees' State Insurance Act, 1948 for his son who died due to electrocution while performing duties as an electrician in the State Guest House, Nainital.
  • Respondents:

1. State of Uttarakhand

2. Employees' Corporation (Respondent No.3) – the statutory body responsible for processing ESI claims.

  • Counsel for Petitioner: Ms. Shivangi Gangwar.
  • Counsel for State: Mr. Rakesh Kunwar, Additional C.S.C.
  • Counsel for Respondent No.3: Ms. Tanuj Talwar Shah (appearing virtually).
  • Reliefs Sought:

(i) Mandamus directing Respondent No.3 to receive, process, and determine the petitioner’s claim for Dependants' Benefit under Sections 46(1)(d) and 52 read with Section 2(6A)(ia) of the ESI Act.

(ii) Order for Respondent No.3 to give a reasoned decision on the petitioner’s representation dated 10.09.2026 within a court‑fixed period and release admissible statutory benefit if entitlement is confirmed.

(iii) Direction to process and release funeral expenses as per the ESI Act.

(iv) Direction to process and determine all other legally admissible statutory benefits.

(v) Consideration of a written commitment in Clause 5 of an outsourcing agreement dated 21.07.2026 concerning deployment of an eligible family member.

(vi) Award of appropriate interest on any statutory benefit found payable but unjustifiably withheld.

  • Respondent No.3’s Statement: The online accident report has been received on the corporation’s web‑portal; the matter is under consideration by the Regional Office for approval of payable benefits. The counsel assured that a necessary decision will be taken and the compensation amount will be released to the petitioner within a month.

Final Outcome

  • The writ petition (WPMS/2830/2026) was disposed of by the court after taking the statement of Ms. Tanuj Talwar Shah, learned counsel for Respondent No.3, on record. No immediate order granting the statutory benefits was issued; the matter remains pending with Respondent No.3, which has indicated a decision will be rendered within a month.

Topics: Employees' State Insurance, Labor Law, Court Order