Sri Balaji Soap Works v. The Deputy Director (Rev)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-06-2026
CORAM
THE HONOURABLE MR.JUSTICE K. SURENDER 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
1. The Deputy Director (Rev) Sub-Regional Office(Salem) Employees State Insurance Corporation, 39/57, Theerthamalai Vaniga Valagam, Three Roads, Salem -636 009.
2. 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 1st respondent and quash its order dated 17.07.2018 in proceedings No.63000940680000399/SRO/SLM/539/16 and further direct the 1st respondent to conduct a fresh enquiry under Section 45A of the Employees State Insurance Act, 1948 by affording opportunity to the petitioner. 1/4
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 1st respondent and quash its order dated 17.07.2018 in proceedings No.63000940680000399/SRO/SLM/540/16 and further direct the 1st 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 1st respondent and quash its order dated 17.07.2018 in proceedings No.63000940680000399/SRO/SLM/542/16 and further direct the 1st 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 1st respondent dated 17.07.2018 and direct the 1st respondent to conduct a fresh enquiry under Section 45A of the Employees State Insurance Act, 1948 by affording opportunity to the petitioner.
2. 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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3. It is not in dispute that any grievance against 45A notices, it should be agitated before the Labour Court.
4. 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.
5. 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.
6. 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 3/4
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
2. 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 4/4