Sri Balaji Soap Works Vs the Deputy Director (Rev) — Writ and Judicial Review | Madras HC (2026)

Sri Balaji Soap Works Vs the Deputy Director (Rev) — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petitions disposed of with directions: Labour Court to first examine service of the 45A notices and then the petitioner's objections; protection from coercive steps for 10 days to enable filing of appeals against the 45A orders before the Labour Court; connected miscellaneous petitions closed; no costs. The 17.07.2018 orders were not quashed.

Issue for consideration

Whether the 45A notices were served on the petitioner (factum of service), raised via counsel's submission that the notices were not served despite the petitioner having noticed thrice for their issuance. +2 more

Court's answer

In the peculiar facts of the case, the Labour Court is directed firstly to examine whether the 45A notices were in fact served on the petitioner, and thereafter to proceed with the objections filed by the petitioner.

Ratio / Principle

Any grievance against 45A notices should be agitated before the Labour Court; this Court does not adjudicate the challenge to the 45A orders itself.

Key takeaways

No coercive steps shall be taken against the petitioner for a period of 10 days from the date of the order to enable it to approach the Labour Court to file an appeal against the 45A orders; if the petitioner fails to do so within that time, the respondent Department is at liberty to proceed in accordance with law.ratio¶30

Detailed headnote1 paragraphs

Madras High Court (K. Surender, J.), common order dated 04-06-2026 disposing of WP Nos.17977, 17982 & 17994 of 2026 - Sri Balaji Soap Works, Thanjavur v. Deputy Director (Rev) and Recovery Officer, Sub-Regional Office (Salem), ESIC. The petitioner sought a writ of certiorarified mandamus under Article 226 to quash three ESIC orders dated 17.07.2018 (Procs. Nos.63000940680000399/SRO/SLM/539/16, /540/16 and /542/16) and a fresh enquiry under Section 45A of the Employees State Insurance Act, 1948, contending the 45A notices were never served despite thrice noticing the Department. Holding that any grievance against 45A notices must be agitated before the Labour Court, the Court directed the Labour Court to first determine whether the notices were in fact served and thereafter proceed with the petitioner's objections, granted protection from coercive steps for 10 days to enable filing of appeals against the 45A orders, and disposed of the writ petitions with connected WMPs closed and no costs.

WP Nos.17977, 17982 & 17994 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HONOURABLE MR.JUSTICE K. SURENDER

WP Nos.17977, 17982 & 17994 of 2026 and WMP Nos.19321, 19322, 19323, 19329, 19330, 19331, 19349, 19350 & 19353 of 2026

Sri Balaji Soap Works, No.L-3, Sidco, Nanjikottai Road, Thanjavur, Represented by its Proprietor G.Nalankilli

Petitioner in all cases

Vs

The Deputy Director (Rev) Sub-Regional Office(Salem) Employees State Insurance Corporation, 39/57, Theerthamalai Vaniga Valagam, Three Roads, Salem -636 009.

The Recovery officer, Sub Regional Office (Salem) Employees State Insurance Corporation, 39/57, Theerthamalai Vaniga Valagam, Three Roads, Salem-636 009

Respondents in all cases

Prayer in W.P.No.17977 of 2026: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1^st respondent and quash its order dated 17.07.2018 in proceedings No.63000940680000399/SRO/SLM/539/16 and further direct the 1^st respondent to conduct a fresh enquiry under Section 45A of the Employees State Insurance Act, 1948 by affording opportunity to the petitioner.

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WP Nos.17977, 17982 & 17994 of 2026

Prayer in W.P.No.17982 of 2026: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1^st respondent and quash its order dated 17.07.2018 in proceedings No.63000940680000399/SRO/SLM/540/16 and further direct the 1^st respondent to conduct a fresh enquiry under Section 45A of the Employees State Insurance Act, 1948 by affording opportunity to the petitioner.

Prayer in W.P.No.17994 of 2026: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1^st respondent and quash its order dated 17.07.2018 in proceedings No.63000940680000399/SRO/SLM/542/16 and further direct the 1^st respondent to conduct a fresh enquiry under Section 45A of the Employees State Insurance Act, 1948 by affording opportunity to the petitioner.

In all cases For Petitioner: Mr.Ananda Gopalan For M/s.Advit Law Chambers

For Respondents: Mr.S.P.Srinivasan

COMMON ORDER

These Writ Petitions have been filed to quash the proceedings of the 1^st respondent dated 17.07.2018 and direct the 1^st respondent to conduct a fresh enquiry under Section 45A of the Employees State Insurance Act, 1948 by affording opportunity to the petitioner.

The learned counsel for the petitioner submits that 45A notices were

not served on the petitioner and in fact the petitioner had even noticed thrice for the purpose of issuing 45A notices.

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WP Nos.17977, 17982 & 17994 of 2026

It is not in dispute that any grievance against 45A notices, it should be agitated before the Labour Court.

In the peculiar facts of the case, the Labour Court is directed firstly to look into the factum whether the notices were served on the petitioner or not and thereafter proceed with the objections filed by the petitioner.

It is made clear that no coercive steps against the petitioner for a period of 10 days only from today to enable the petitioner to approach the Labour Court for filing appeal against 45A orders. If the petitioner failing to do the same within the stipulated time, the respondent Department is at liberty to proceed with in accordance with law.

With the above observation and direction, these writ petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

K. SURENDER,J

04-06-2026

vum Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No

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WP Nos.17977, 17982 & 17994 of 2026

K.SURENDER J.

vum

To

1.The Deputy Director (Rev) Sub-Regional Office(Salem) Employees state Insurance corporation, 39/57, Theerthamalai Vaniga Valagam, Three Roads Salem -636 009

The Recovery officer sub Regional Office (Salem) Employees State Insurance Corporation, 39/57, Theerthamalai Vaniga Valagam, Three Roads, Salem-636 009.

WP Nos.17977, 17982 & 17994 of 2026 and WMP Nos.19321, 19322, 19323, 19329, 19330, 19331, 19349, 19350 & 19353 of 2026

04-06-2026

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