Sri Rangavilas G.S. and W.Mills Vs the Recovery… — Writ and Judicial Review | Madras HC (2026)

Sri Rangavilas G.S. and W.Mills Vs the Recovery… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition dismissed; petitioner granted liberty to approach the Employees' Insurance Court; no coercive action for three weeks from receipt of a copy of the order; connected miscellaneous petitions (WMP Nos.30395 and 30397 of 2026) closed; no costs.

Issue for consideration

Whether the writ petition under Article 226 challenging the ESIC recovery demand could be entertained directly by the High Court, notwithstanding the availability of the statutory remedy under Section 75 of the ESI Act before the Employees' Insurance Court, the competent authority.

Court's answer

The remedy for the dispute over ESI dues lies under Section 75 of the ESI Act, and the Employees' Insurance Court is the competent authority to decide the issue.

Ratio / Principle

Having failed to invoke the Section 75 remedy and having directly approached the High Court instead, the petitioner's writ petition is dismissed.

Key takeaways

The petitioner is at liberty to approach the Employees' Insurance Court.ratio¶24
To enable the petitioner to file a petition before the Insurance Court, no coercive action shall be taken against the petitioner for a period of three weeks from the date of receipt of a copy of the order.ratio¶24

Detailed headnote1 paragraphs

MADRAS HIGH COURT (K. Surender, J.), WP No. 27730 of 2026, decided 21-07-2026: Sri Rangavilas G.S. & W.Mills (Unit of National Textile Corporation), Coimbatore, sought a writ of certiorari under Article 226 to quash the ESIC Recovery Officer's notice dated 12.03.2026 (proceedings No.56-00-005943-000-0101/RRC/SRO) demanding Rs.36,16,435/- towards ESI dues, and the consequential order dated 11.06.2026 (proceedings No.CBE/RECY/CP-4 /56000059430000101). Held: a remedy is available under Section 75 of the ESI Act and the Employees' Insurance Court is the competent authority to decide the issue; the petitioner, without invoking that provision, had directly approached the High Court, and the writ petition was therefore dismissed. The petitioner was left at liberty to approach the Employees' Insurance Court, with no coercive action for three weeks from receipt of a copy of the order; connected WMP Nos.30395 and 30397 of 2026 were closed; no costs were awarded.

WP No. 27730 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2026

CORAM

THE HON'BLE MR.JUSTICE K. SURENDER

WP No. 27730 of 2026 and

WMP Nos.30395 and 30397 of 2026

Sri Rangavilas G.S. & W.Mills (Unit of National of Textile Corporation) Represented by its authorized officer, No.333, Avanashi Road, Peelamedu, Coimbatore -641014.

..Petitioner

Vs

The Recovery Officer Employees State Insurance Corporation, Sub Regional Office, 1897 Trichy Road, Panchdeep Bhavan, Ramanathapuram, Coimbatore -641 015.

The Branch Manager Indian Overseas Bank, Peelamedu Branch, No.1433 Avinashi, Peelamedu Road, Coimbatore.

..Respondents

Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Certiorari, calling for the records relating to the order of the 1^st Respondent in proceedings No.56-00-005943-000-0101/RRC/SRO dated 12.03.2026 and consequential order in proceedings No.CBE/RECY/CP-4 /56000059430000101 Dated 11.06.2026 and quash the same as illegal.

For Petitioner: Mr.R.Shivakumar for M/s.K.M.Vijayan Associates For Respondents: Mr.A.G.P.Terry Chella Raja for R1

__________Page 1 of 4

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

WP No. 27730 of 2026

ORDER

The petitioner questioned the impugned notice dated 12.03.2026, whereby

the first respondent Corporation made a demand for Rs.36,16,435/- towards ESI dues.

It appears that there is a remedy available under Section 75 of the Employees' State Insurance (ESI) Act and the Employees’ Insurance Court is the competent authority to decide the issue. Without invoking the above provision, the petitioner has directly approached this Court.

Hence, this writ petition is dismissed.

However, the petitioner is at liberty to approach the Employees’ Insurance Court. To enable the petitioner to file an appropriate petition before the Insurance Court, there shall be no coercive action against the petitioner for a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

(K. SURENDER,J.) 21-07-2026

vum

__________Page 2 of 4

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

WP No. 27730 of 2026

K.SURENDER J.

vum

WP No. 27730 of 2026

21-07-2026

__________Page 3 of 4

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

WP No. 27730 of 2026

To

The Recovery Officer

Employees State Insurance Corporation, Sub Regional Office, 1897 Trichy Road, Panchdeep Bhavan, Ramanathapuram, Coimbatore -641 014

The Branch Manager Indian Overseas Bank, Peelamedu Branch, No.1433 Avinashi, Peelamedu Road, Coimbatore.

__________Page 4 of 4

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