Allowed

Arulmigu Murugan Thirukoil v. The Director General

Madras HC23 Feb 2026WA(MD)/1391/2022

Case brief

AI extract

What is this about?

The Madurai Bench allowed two Writ Appeals and a connected C.M.P. regarding ESI contribution levied on a temple. The Court permitted filing an original petition before the ESI Court under Section 75 without limitation or pre-deposit, disposing the appeals without deciding merits.

What did the court decide?

Permission to file original petition before ESI Court under Section 75 within four weeks; writ appeals disposed.

Arulmigu Murugan Thirukoil Vs The Director General — Service and Employment | Madras HC (2026)

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1 W.A.(MD)NO.1391 OF 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 23.02.2026

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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AND

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THE HON'BLE MRS.JUSTICE R.KALAIMATHI

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W.A.(MD)Nos.1391 & 1392 of 2022 AND C.M.P.(MD)No.11086 of 2022

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Arulmigu Murugan Thirukoil Solaimalai Mandapam, Alagarkoil Post, Melur Taluk, Madurai District, Rep. Through its Deputy Commissioner and Executive Officer. ... Appellant/ Petitioner in both WAs.

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Vs.

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The Director General, Employees State Insurance Corporation, New Delhi.

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The Employees State Insurance Corporation through its Regional Director, Regional Office, K.K.Nagar, Madurai – 625 020.

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The Deputy Director(INS-II), Employees State Insurance Corporation, Sub-Regional Office(Madurai), 2, West Street, K.K.Nagar, Madurai – 625 020. ... Respondents / Respondents in both WAs.

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https://www.mhc.tn.gov.in/judis

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2 W.A.(MD)NO.1391 OF 2022

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Common Prayer : Writ appeals filed under Clause 15 of Letters Patent, to set aside the order of the learned single Judge dated 05.08.2022 passed in W.P.(MD)Nos.10205 and 10206 of 2022 on the file of this Court and thereby allow these writ appeals with costs.

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(in both WAs.) For Appellant : Mr.S.Manohar For Respondents : Mr.I.Pinaygash, Standing counsel.

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C O M M O N J U D G M E N T

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(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

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Heard both sides.

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The appellant is the temple coming under the Tamil Nadu

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Hindu Religious and Charitable Endowments Act. They question the levy of contribution under the ESI Act and they also question the consequential recovery order. The learned single Judge disposed of the writ petitions on the ground that the appellant can avail the alternative remedy before the ESI Court(Labour Court) under Section 75 of the ESI Act.

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https://www.mhc.tn.gov.in/judis

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3 W.A.(MD)NO.1391 OF 2022

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We permit the appellant to file OP before the ESI Court under

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Section 75 of the ESI Act. If such an OP is filed within a period of four

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weeks from the date of receipt of a copy of this order, it will be entertained without reference to limitation. The appellant can also question the very applicability of the ESI Act. The ESI Court will not insist on making any pre-deposit. These writ appeals stand disposed of accordingly. We make it clear that we have not gone into the merits of the matter. If the appellant fails to approach the ESI Court within the time period, the respondents can proceed to enforce the order impugned in the writ petitions. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.SWAMINATHAN, J.) & (R.KALAIMATHI, J.) 23^rd February 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

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PMU

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3/4

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https://www.mhc.tn.gov.in/judis

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4 W.A.(MD)NO.1391 OF 2022

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G.R.SWAMINATHAN, J.

AND

R.KALAIMATHI, J.

PMU

W.A.(MD)Nos.1391 & 1392 of 2022

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23.02.2026

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https://www.mhc.tn.gov.in/judis

Arulmigu Murugan Thirukoil v. The Director General

Case brief

What is this about?

What did the court decide?

Arulmigu Murugan Thirukoil v. The Director General

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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