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2025 Supreme(Online)(Mad) 66041
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. P.T. Asha, J
M/s. Gangai Spinning Mills (Garments Division) – Appellant
Versus
The Deputy Director, Employees State Insurance Corporation – Respondent
W.P.No. 29192 of 2025
For the Appellants/Petitioners: Mr. A.R.Kuppusami
For the Respondents: Mr. Rajaramani Standing Counsel
The failure to serve a prior order invalidates subsequent actions taken under the ESI Act.
Headnote:This judgment pertains to a writ petition challenging a prohibitory order issued under the ESI Act. The court found that the prior order under Section 45 A was not served on the petitioner, leading to the quashing of the subsequent order. The petitioner has been granted two weeks to file an appeal following the receipt of the notice. Writ petition allowed and miscellaneous petitions closed.
| Table of Content |
|---|
| 1. failure to serve prior order. (Para 1) |
| 2. order issued allowing the writ petition. (Para 2) |
O R D E R
It is now brought to the notice of the Court by the learned Standing Counsel for the respondent corporation that the order under Section 45 A of the ESI Act dated 10.09.2020 has not been served on the petitioner and without service of this order the subsequent impugned order has been passed. Therefore, the orders are set aside and the xerox copy of the order under has now been served on the learned counsel appearing for the petitioner. The petitioner shall therefore file an appeal within a period of 2 weeks from the date of receipt of a copy of this order.
2. The Writ petition is allowed. Consequently, the connected miscellaneous petitions are closed. No costs.
07.08.2025 Index : Yes/No Internet : Yes/No kan To
1.The Deputy Director, Employees State Insurance Corporation, Sub – Regional Office, No.1897, Trichy Road, Ramanathapuram, Coimbatore – 641 045.
2.The Recovery Officer, Employees State Insurance Corporation, Sub – Regional Office, No.1897, Trichy Road, Ramanathapuram, Coimbatore – 641 045.
P.T. ASHA, J kan
