Indhira Gandhi, Shg v. The Joint Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2025 CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.13937 of 2025 Indhira Gandhi, SHG 4th Flot, Vengathathar Colony, Namagiri Pettai Post, Namakkal - 637 406.
Represented by its head Mrs.M.Latha
...Petitioner
Vs.
1. The Joint Director, Sub-Regional Office, Employees State Insurance Corporation, ESI Corporation, 39/57, Three Roads, Salem - 636 009.
2. The Recovery Officer, Sub-Regional Office, Employees State Insurance Corporation, ESI Corporation, 39/57, Three Roads, Salem - 636 009.
3. The Branch Manager, State Bank of India, Car Street, Salem - 636 001.
...Respondents
Page No.1 of 6
Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to defreeze the Bank acocount No.38007917053 in the name of Indhira Gandhi, SHG considering the representation of the petitioner dated 06.01.2025.
For Petitioner : Mr.Dinesh Kumar.V For Respondents : Mr.G.Bharadwaj for R1 and R2
O R D E R
The petitioner has filed this Writ petition seeking to direct the respondents to defreeze the Bank account No.38007917053 maintained in the name of Indhira Gandhi, SHG considering the representation of the petitioner dated 06.01.2025.
2. Mr.G.Bharadwaj learned counsel takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that the petitioner is a temporary Self Help Group (SHG) formed under Government Schemes and that its members are daily wage earners and not employees of any establishment to make ESIC Contributions. When that be so, the respondents have Page No.2 of 6
frozen the SHG's bank accounts for non-payment of ESIC contribution from the year 2018 - 2021. Subsequently, the petitioner made a representation dated 06.01.2025 to the respondents to de-freeze the bank account maintained in the name of one Indira Gandhi. However, the same was not considered. Hence, the above writ petition.
4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents 1 and 2 to permit the petitioner to remit the arrears amount of Employees Contribution as ordered by the ESI authority in 6 equated monthly installments.
5. On the above said contentions, heard learned counsel appearing on behalf of the first respondent and perused the materials available on record.
6. In view of the limited request made by the learned counsel for the petitioner, this Court without going into the merits of the case, permits the petitioner to remit the arrears of Employees Contribution as ordered by the ESI Authority by way of six (6) equated monthly installments, Page No.3 of 6
commencing from 15th April, 2025 and shall pay the remaining installments on or before 15th of every succeeding English Calendar month. Upon payment of first installment within the prescribed period, the Bank Account of the petitioner maintained with the third respondent Bank shall be defreezed. If the petitioner fails to adhere to the undertaking of remitting any of the installments and commits default, it is open to the respondents 1 and 2 to initiate appropriate action against the petitioner in accordance with law.
7. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous petition is closed. 08.04.2025 rap NCC : Yes/No Speaking Order : Yes/No Page No.4 of 6
To:
1. The Joint Director, Sub-Regional Office, Employees State Insurance Corporation, ESI Corporation, 39/57, Three Roads, Salem - 636 009.
2. The Recovery Officer, Sub-Regional Office, Employees State Insurance Corporation, ESI Corporation, 39/57, Three Roads, Salem - 636 009.
3. The Branch Manager, State Bank of India, Car Street, Salem - 636 001.
Page No.5 of 6
M.DHANDAPANI, J.
rap 08.04.2025 Page No.6 of 6