M/S Ram Das and Anr. v. Employees State Insurance Corporation and Ors.
Case brief
What is this about?
WPA 3123 of 2026; decision 12.02.2026; Shampa Dutt (Paul), J; M/s. Ram Das & Anr. vs Employees’ State Insurance Corporation & Ors.; Section 45A ESI Act order dated 31.05.2024; form C-19; recovery notice dated 04.12.2025; Section 45A order appealable; writ disposed with liberty to appeal within 30 days; limitation extended 30 days; stay of 45A order and notice; no coercive action till tribunal considers stay application; automatic vacatur of stay if appeal not filed; establishment closed; covid pandemic period; ESIC respondents 1 & 2; advocates Uddipan Banerjee, Subhrakanti Samanta (petitioner), Dipak Ranjan Mukherjee (ESIC).
What did the court decide?
Liberty to prefer an appeal against the Section 45A order within 30 days (limitation further extended 30 days); stay of the Section 45A order and the notice dated 04.12.2025, and a bar on further coercive action, until the tribunal considers the stay application; stay to stand vacated automatically if no appeal is filed within the directed period.