The Supreme Court permits transfer of cases to address validity questions of a circular concerning employee coverage efficiently.

ORDER

1. These transfer petitions have been preferred by the Employees State Insurance Corporation & Anr. Etc. seeking transfer the writ petitions pending before different High Courts challenging the validity of ESIC Circular No.P-12/11/11/60/2010-Rev.II dated 31.07.2015 under the subject coverage of all the construction workers/employees under Employees Insurance Act .

2. It is common ground that three High Courts, namely, High Court of Bombay (Goa Bench), High Court of Madhya Pradesh and High Court of Judicature at Patna have already sustained the validity of the above ESIC Circular, however, petitions have been filed and are pending before some other High Courts which ought to be transferred to this Court for the reason that this Court is already seized of the special leave the Circular has been upheld by the three High Courts, namely, High Court of Bombay (Goa Bench), High Court of Madhya Pradesh and High Court of Judicature at Patna. The special leave petition is pending against the judgment rendered by the High Court of Bombay (Goa Bench).

3. The following petitions are pending before the different High Court(s) mentioned as per the following particulars.

Out of the matters mentioned above, the one before High Court of Judicature at Madras, W.P. No. 29496/2015, has been dismissed for want of prosecution on 13^th December, 2024. However, there is possibility that the said petitions may be restored at a later point of time, therefore, we direct that all the above writ petitions from serial Nos.1 to 9 and 11 except W.P. No.29496/2015 at serial No.7 be transferred to this Court for analogous hearing along with SLP (Civil) No.13351/2018 and W.P. (Civil) No.936/2022.

4. The Registrar General of the concerned High Court(s) be informed forthwith for sending the records of the respective writ petition(s) to this Court.

5. The transfer petitions (writ petitions from serial Nos.1 to 9 and 11) are allowed in the above stated terms.

6. Post the matters immediately after eight weeks along with SLP (Civil) No.13351/2018 and W.P. (Civil) No.936/2022.

ORDER

1. These transfer petitions have been preferred by the Employees State Insurance Corporation & Anr. Etc. seeking transfer the writ petitions pending before different High Courts challenging the validity of ESIC Circular No.P-12/11/11/60/2010-Rev.II dated 31.07.2015 under the subject coverage of all the construction workers/employees under Employees Insurance Act .

2. It is common ground that three High Courts, namely, High Court of Bombay (Goa Bench), High Court of Madhya Pradesh and High Court of Judicature at Patna have already sustained the validity of the above ESIC Circular, however, petitions have been filed and are pending before some other High Courts which ought to be transferred to this Court for the reason that this Court is already seized of the special leave petition(s) preferred by the aggrieved parties, wherein the Circular has been upheld by the three High Courts, namely, High Court of Bombay (Goa Bench), High Court of Madhya Pradesh and High Court of Judicature at Patna. The special leave petition is pending against the judgment rendered by the High Court of Bombay (Goa Bench).

3. The following petitions are pending before the different High Court(s) mentioned as per the following particulars.

Out of the matters mentioned above, the one before High Court of Judicature at Madras, W.P. No. 29496/2015, has been dismissed for want of prosecution on 13^th December, 2024. However, there is possibility that the said petitions may be restored at a later point of time, therefore, we direct that all the above writ petitions from serial Nos.1 to 9 and 11 except W.P. No.29496/2015 at serial No.7 be transferred to this Court for analogous hearing along with SLP (Civil) No.13351/2018 and W.P. (Civil) No.936/2022.

4.