Employees State Insurance Corporation, through Its Director General Vs Shyam Lal & Anr. — Delhi HC (2025) — LawSathi Research

Employees State Insurance Corporation, through Its Director General Vs Shyam Lal & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed; however, liberty reserved to the petitioner to proceed against the respondents in accordance with law, if so advised. Pending application (CM APPL. 17338/2025) disposed of as infructuous.

Issue for consideration

Whether the approval of the Minutes of the 216th Meeting of the Standing Committee dated 04.10.2019 granted only by the Chairman of the Standing Committee (Secretary, Ministry of Labour and Employment), without approval of the Central Government, is sufficient in terms of the Employees' State Insurance Corporation (Staff and Conditions of Service) Regulations, 1959. +1 more

Court's answer

Approval of the Minutes of the 216th Meeting of the Standing Committee dated 04.10.2019 by the Chairman of the Standing Committee alone (the Secretary of the Ministry of Labour and Employment), and not by the Central Government, is not sufficient in terms of the Employees' State Insurance Corporation (Staff and Conditions of Service) Regulations, 1959.

Ratio / Principle

No infirmity can be found in the Impugned Order dated 11.01.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. 378/2022 and O.A. 2296/2022; accordingly, the writ petition is dismissed.

Key takeaways

As reserved by the learned Tribunal, liberty is reserved to the petitioner to proceed against the respondents in accordance with law, if so advised.ratio¶12

Detailed headnote1 paragraphs

Writ petition filed by the Employees State Insurance Corporation challenging the Central Administrative Tribunal, Principal Bench order dated 11.01.2024 in O.A. 378/2022 and O.A. 2296/2022 is dismissed. Pursuant to the Court's order dated 26.08.2025, the petitioner admitted in an additional affidavit dated 06.10.2025 that the Minutes of the 216th Meeting of the Standing Committee dated 04.10.2019 were approved not by the Central Government but only by the Chairman of the Standing Committee (Secretary, Ministry of Labour and Employment). The Court held such approval insufficient in terms of the Employees' State Insurance Corporation (Staff and Conditions of Service) Regulations, 1959, found no infirmity in the impugned Tribunal orders, and reserved liberty to the petitioner to proceed against the respondents in accordance with law. Pending application disposed of as infructuous. Coram: Navin Chawla and Madhu Jain, JJ. Order dated 09.10.2025.

$~2

IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3715/2025 & CM APPL. 17338/2025 EMPLOYEES STATE INSURANCE CORPORATION, THROUGH ITS DIRECTOR GENERAL .....Petitioner Through: Mr. Shlok Chandra, SC, Mr.Parikshit Singh Bhati, Adv

versus

SHYAM LAL & ANR. .....Respondents Through: None.

CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN

O R D E R % 09.10.2025

Pursuant to our order dated 26.08.2025, the petitioner has filed an additional affidavit dated 06.10.2025, wherein it is admitted that the Minutes of the 216^th Meeting of the Standing Committee dated 04.10.2019 has not been approved by the Central Government but only by the Chairman of the Standing Committee, that is, the Secretary of the Ministry of the Labour and Employment.

We find that the said approval is not sufficient in terms of the Employees' State Insurance Corporation (Staff and Conditions of Service) Regulations, 1959.

In view of the above, no infirmity can be found in the Impugned Order dated 11.01.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in O.A. 378/2022 and O.A. 2296/2022. The petition is,

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:06:32

accordingly, dismissed. However, as reserved by the learned Tribunal, we also reserve liberty in the petitioner a right to proceed against the respondents in accordance with law, if so advised.

Pending application is also disposed of being infructuous.

NAVIN CHAWLA, J

MADHU JAIN, J

OCTOBER 9, 2025/Arya/Yg

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:06:32