M/S Clear Secured Services Pvt. Ltd. Vs Emplopyees States Insurance Corporation and Ors. — Calcutta HC (2026) — LawSathi Research

M/S Clear Secured Services Pvt. Ltd. Vs Emplopyees States Insurance Corporation and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Set aside: show-cause notice dated 27.05.2025, impugned order dated 18.09.2025 and consequential demand notices dated 30.01.2026; petitioner directed to be heard afresh by the authority on 15th July, 2026 at 11 a.m.; authority to pass fresh reasoned orders in accordance with law; connected applications stand disposed.

Issue for consideration

Whether the show-cause notice dated 27.05.2025, the impugned order dated 18.09.2025 and the consequential demand notices dated 30.01.2026 were passed without serving any notice upon the petitioner and without giving the petitioner an opportunity of hearing.

Ratio / Principle

The revisional application/writ is disposed of with the direction that the petitioner shall be given a hearing by the authority concerned on 15th July, 2026 at 11 a.m., that the petitioner shall be present positively, and that the authority shall give the opportunity of hearing and decide the issue in accordance with law by passing a reasoned order.

Key takeaways

In view of the direction for a fresh hearing, the show-cause notice dated 27.05.2025, the impugned order dated 18.09.2025 and the consequential notices of demand dated 30.01.2026 are set aside, with liberty to the authority concerned to pass fresh orders in accordance with law.ratio¶8

Detailed headnote1 paragraphs

Writ petition WPA 11351 of 2026, filed by M/s. Clear Secured Services Pvt. Ltd. (styled in the body as a revisional application) against an Employees’ State Insurance Corporation show-cause notice dated 27.05.2025, order dated 18.09.2025 and consequential notices of demand dated 30.01.2026, alleged to have been passed without serving notice on, or giving a hearing to, the petitioner. Counsel for ESI maintained that the petitioner had been duly served but chose not to appear, yet conceded instructions to afford a fresh hearing. Disposing of the writ, the court (Shampa Dutt (Paul), J.) set aside all three impugned instruments with liberty to the authority to pass fresh orders, and directed that the petitioner be personally heard on 15th July, 2026 at 11 a.m., the authority thereafter to decide the issue in accordance with law by passing a reasoned order. Connected applications stood disposed; urgent certified copies to be supplied on compliance with requisite formalities.

23.06.2026 Item No.4 Ct. No. 30 Aloke

WPA 11351 of 2026

M/s. Clear Secured Services Pvt. Ltd. Vs

Employees’ State Insurance Corporation & Ors.

Mr. Victor Chatterjee Ms. Shreya Bhattacharjee … for the petitioner

Ms. Soum Guha Thakurta … for the respondent nos. 1 to 3

Ms. Soma Chakraborty Mr. Kaustav Seal Mr. Saikat Koley … for the State

Affidavit-of-service filed be kept with the record.

The revisional application has been preferred being aggrieved by the purported show-cause notice dated 27.05.2025 and the impugned order dated 18.09.2025 and consequential notices of demand dated 30.01.2026.

Learned counsel for the petitioner submits that the said orders have been passed without serving any notice upon the petitioner and, as such, the petitioner was not given a hearing.

Learned counsel for the respondent/ESI authority has placed documents to substantiate their stand that the petitioner was duly served, but the petitioner chose not to appear.

Learned counsel for the ESI fairly submits that they have instructions to submit that they are ready and willing in the interest of justice to give a fresh hearing to the petitioner even at this stage.

2

The petitioner submits that if the petitioner is given a hearing in accordance with law, then his grievance in the writ petition shall be met.

Accordingly, the revisional application is disposed of with the direction that the petitioner shall be given a hearing by the authority concerned on 15^th July, 2026 at 11 a.m. The petitioner shall be present for the said hearing positively and the authority concerned shall give an opportunity of hearing to the petitioner and decide the issue in accordance with law by passing a reasoned order.

In view of this order, the show-cause notice dated 27.05.2025 and the impugned order dated 18.09.2025 and consequential notices of demand dated 30.01.2026, are hereby set aside with liberty granted to the authority concerned, to pass fresh orders, in accordance with law.

Writ application stands disposed of.

Connected application, if any, stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)