M/s. Keshan Infotech Pvt. Ltd. C & C R v. Union of India & Ors.

Mr. Avi Dey Mr. Nikhil Kr. Gupta … for the petitioner Mr. Debajyoti Deb Ms. Tanushree Ghosh … for the respondent no. 1/UOI … for the respondent nos. 2,3 & 4 Mr. Dipak Ranjan Mukherjee Affidavit-of-service filed be kept with the record. The present writ application has been preferred against an order dated 11th December, 2024 passed by the Deputy Director of ESI Corporation and the same is an order under Section 45A of the ESI Act, 1948. Learned counsel for the respondents have submitted that the said order is appealable under Section 45AA of the said Act within 60 days from the date of this order under Section 45A. The grievance of the petitioner herein is that in case he approaches the appellate authority he has to deposit 25% of the contribution as directed. But considering that there is a forum available to the 2 petitioner, this Court is not inclined to interfere with the order under challenge. The petitioner is granted leave to approach the appellate authority within 60 days from the date of this order. The period of limitation as provided under the 45AA of the ESI Act shall be counted from this date. WPA 5049 of 2025 is accordingly disposed of. There will be no order as to costs. All connected applications, if any, stand disposed of. Interim order, if any, stands vacated. All parties to act on the basis of server copy of this order downloaded from the official website of this Court. (Shampa Dutt (Paul), J.)