M/S.Gangai Spinning Mills (Garments Division) v. the Deputy Director
Writ Petition (Certiorari) under Article 226 – Employees State Insurance Corporation
Case brief
What is this about?
Gangai Spinning Mills (Garments Division) v. Deputy Director & Recovery Officer, ESIC, Coimbatore — Madras High Court (P.T. Asha, J.) allows W.P.No.29192 of 2025 on 07.08.2025, setting aside the ESIC Recovery Officer's Prohibitory Order dated 12.07.2024 because the foundational Section 45A ESI Act order dated 10.09.2020 was never served on the petitioner; copy of the 45A order handed over in court; petitioner given two weeks to appeal. Keywords: ESIC, Section 45A, prohibitory order, recovery, natural justice, non-service, certiorari, Article 226.
What did the court decide?
Writ petition allowed; impugned Prohibitory Order set aside; copy of the Section 45A order furnished to the petitioner with liberty to file an appeal within two weeks; connected miscellaneous petitions closed; no costs. ¶22