Gopalakrishnan Achary, v. Employees State Insurance Corporation
Case brief
What is this about?
Kerala High Court, WP(C) No. 28971 of 2024, Murali Purushothaman J., decided 27.03.2025: writ petition challenging Ext.P6 order dated 12.10.2021 of the Deputy Director, ESI Corporation under Section 45A of the ESI Act, 1948 determining contributions for September 2016 to September 2017; disposed of with directions - petitioner to pursue effective alternate remedy under Section 75 before the ESI Court; all proceedings pursuant to Ext.P6 deferred for two months; time spent prosecuting the writ petition exempted from delay computation if the ESI Court is invoked within 30 days. No precedents cited; no monetary quantum stated.
What did the court decide?
All proceedings pursuant to Ext.P6 deferred for a period of two months to enable the petitioner to avail the remedy under Section 75 of the Act before the ESI Court; if the petitioner invokes the jurisdiction of the ESI Court within 30 days, the time taken for prosecuting the writ petition before this Court shall be exempted while calculating delay, if any.