M/S Royal Educational Trust, Vs the Deputy Director — Karnataka HC (2025) — LawSathi Research

M/S Royal Educational Trust, Vs the Deputy Director — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn, with the liberty sought in the appellant's memo — to re-open the above appeal or file a fresh appeal in the event of non-settlement of the dispute under the ESIC Amnesty Scheme.

Issue for consideration

Whether the appellant could withdraw Miscellaneous First Appeal No.3979/2024 (ESI) for settlement of the dispute under the Employees State Insurance Corporation's Amnesty Scheme notified on 27.06.2025, with liberty to re-open the appeal or file a fresh appeal in the event of non-settlement.

Court's answer

On the appellant's memo dated 03.12.2025 seeking leave to withdraw the appeal for settlement of the dispute under the ESIC Amnesty Scheme (with liberty to re-open the appeal/file a fresh appeal if the dispute is not settled), the Court placed the memo on record and dismissed the appeal as withdrawn, granting the liberty as sought for.

Detailed headnote1 paragraphs

NC: 2025:KHC:50506-DB — High Court of Karnataka at Bengaluru, M.F.A. No.3979/2024 (ESI), decided 03.12.2025, coram Anu Sivaraman and Vijaykumar A. Patil JJ., judgment delivered PER Vijaykumar A. Patil J. M/s. Royal Educational Trust, Chintamani (appellant) had filed the appeal under Section 82(2) of the Employees State Insurance Act, 1948 challenging the Industrial Tribunal Bengaluru's order dated 16.05.2024 in ESI No.8/2023 and seeking to set aside the ESIC Deputy Director's order dated 24.8.2022 under Section 45A and the Recovery Officer's orders dated 30.05.2023 and 16.08.2023 under Section 45G of the ESI Act. Coming on for admission, learned counsel for the appellant filed a memo dated 03.12.2025 stating that ESIC had notified an Amnesty Scheme on 27.06.2025 under which an employer may seek the Court's permission for out-of-court settlement of the dispute under litigation, and sought leave to withdraw the appeal with liberty to re-open it or file a fresh appeal upon non-settlement. The Court took the memo on record and dismissed the appeal as withdrawn with the liberty as sought for. No precedent was engaged with; the order is confined to disposal on the withdrawal memo.

1 -

NC: 2025:KHC:50506-DB M.F.A. No.3979/2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3979/2024 (ESI)

BETWEEN:

Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka

M/S. ROYAL EDUCATIONAL TRUST WARD NO.5, ANJANI EXTENSION CHINTHAMANI 563125 CHIKKABALLAPURA DISTRICT REP. BY ITS PRESIDENT SRI. RAMAKRISHNA K.

(BY SRI. HARISH H.V. ADV.,)

…APPELLANT

AND:

THE DEPUTY DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION REGIONAL OFFICE PANCHDEEP BHAWAN NO.10 BINNY FIELDS BINNY PETH, BENGALURU 560023.

THE RECOVERY OFFICER EMPLOYEES STATE INSURANCE CORPORATION REGIONAL OFFICE 10 BINNY FIELDS, BINNY PETH BENGALURU 560025.

THE BRANCH MANAGER STATE BANK OF INDIA CHINTAMANI BRANCH NR EXTENSION

2 - NC: 2025:KHC:50506-DB M.F.A. No.3979/2024

HC-KAR

CHINTAMANI 568125 CHIKAABALLPURA DISTRICT.

THE BRANCH MANAGER CANARA BANK CHINTAMANI BRANCH PB NO.3, TEMPLE STREET CHINTAMANI 563125 CHIKAABALLPURA DISTRICT.

THE BRANCH MANAGER KARNATAKA BANK CHINTAMANI BRANCH SRI. VIDYA GANAPATHI TEMPLE STREET TRUST BUILDING 1ST FLOOR, OPP. OLD CIVIL BUS STAND CHINTAMANI 563125 CHIKAABALLPURA DISTRICT.

THE BRANCH MANAGER, AXIS BANK CHINTAMANI BRANCH NO.2736/1 AND 2585/1 NR EXTENSION, POST OFFICE ROAD CHINTAMANI 565125 CHIKKABALLAPURA DISTRICT.

…RESPONDENTS

(BY SRI. A.N. GUNARANJAN, ADV., FOR R6 SRI. NAVEEN RAO, ADV., FOR R3 SMT. GEETHA DEVI M.P. ADV., FOR R1 & R2 R4 & R5 ARE SERVED)

THIS MFA IS FILED U/S 82(2) OF EMPLOYEES STATE INSURANCE ACT 1948, PRAYING TO SET ASIDE THE ORDER DATED 16.05.2024, PASSED IN ESI NO.8/2023, ON THE FILE OF EMPLOYEES STATE INSURANCE BANGALORE, INDUSTRIAL TRIBUNAL BENGALURU, VIDE DOCUMENT NO.1 AND CONSEQUENTLY ALLOW THE ABOVE APPEAL AND CONSEQUENTLY SET ASIDE THE ORDER DATED 24.8.2022 PASSED BY THE 1^ST RESPONDENT UNDER SECTION 45A OF THE ESI ACT, 1948 AND AS WELL AS THE ORDERS DATED 30.05.2023 AND 16.08.2023 PASSED BY THE 2^ND RESPONDENT UNDER SECTION 45G OF THE ESI ACT & ETC.

3 -

NC: 2025:KHC:50506-DB M.F.A. No.3979/2024

HC-KAR

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

Learned counsel for the appellant has filed a memo dated

03.12.2025 seeking leave of this Court to withdraw the appeal with liberty to file a fresh appeal, if need arises.

2. Memo reads as under:

"The appellant has filed the above appeal, challenging the order dated 16.05.2024, passed in the E.S.I No.08/2023 by the Industrial Tribunal Bengaluru.

It is submitted that The Employees State Insurance Corporation has notified Amnesty Scheme on 27.06.2025, and has framed scheme for the settlement of cases filed. As per the said notification, the employer shall file a petition before the Hon'ble Court, where he/she has raised the dispute and seek permission of Hon'ble Court for out of Court settlement of matter under litigation. In view of the above notification, the appellant withdraws the above appeal for the settlement of dispute in the Amnesty Scheme. In the event of the nonsettlement, the appellant craves leave of the court to approach this Hon'ble court by reopening the case. With

4 - NC: 2025:KHC:50506-DB M.F.A. No.3979/2024

HC-KAR

the said liberty the appellant withdraws the above appeal.

Wherefore, the appellant prays that this Hon'ble Court be pleased to dismiss the above appeal as withdrawn with liberty to re-open the above appeal/file a fresh appeal, in the above appeal, in the interest of justice and equity."

Memo is placed on record.

In view of the said memo, appeal is dismissed as

withdrawn with the liberty as sought for.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

BSR List No.: 1 Sl No.: 5