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Madras High CourtWP/3062/2026disposed of

M/S. Guru Job Works v. The Employees State Insurance Corporation

2026-02-06Honourable Mr.Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Nos.3062 & 3066 of 2026 and W.M.P.Nos.3460, 3461, 3465 & 3466 of 2026 W.P.Nos.3062 of 2026 M/s.Guru Job Works, Rep. by its Partner, Mr.N.Vanidhasan, Having factory at, Shed No.11, SIDCO Industrial Estate, Kakkalur Village, Kakkalur, Thiruvallur - 602 003.

Petitioner Vs Chennai - 600 034.

Chennai-600 058 Respondents WP No. 3066 of 2026 M/s.Guru Job Works, Rep. by its Partner, Mr.N.Vanidhasan, Having factory at, Shed No.11, SIDCO Industrial Estate, Kakkalur Village,

Kakkalur, Thiruvallur - 602 003.

Petitioner Vs Chennai - 600 034.

Chennai - 600 058 Respondents Prayer in W.P.No.3062 of 2026: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, call for the records pertaining to the impugned order dated 17.10.2023 in TN/Ins-I/C18 Adh/51-00-125760-000-606/2841/2023 passed by the first respondent and quash the same as illegal and remand it back to the first respondent to consider the matter afresh and pass a speaking order on merits by affording the personal hearing to the petitioner. Prayer in W.P.No.3066 of 2026: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 13.12.2024 in TN/Ins-I/C18 Adh/51001257600000606 passed by the first respondent and quash the same as illegal and remand it back to the first respondent to consider the matter afresh and pass a speaking order on merits by affording the personal hearing to the petitioner.

For Petitioner:

Mr. Manoj Sreevalsan in both W.Ps.

For Respondents:

Dr.C.Paranthaman for R1 in both W.Ps.

COMMON ORDER These writ petitions are filed by the same concern and as such, are disposed of by this common order.

2. These writ petitions are filed to quash the impugned order dated 17.10.2023 and 13.12.2024 passed by the first respondent and to remand the matter to the first respondent to consider the matter afresh and for passing a speaking order on merits by affording the personal hearing to the petitioner.

3. It can be seen that the contentions of the petitioner are twofold. Firstly, it is stated that the authorities have not applied their mind, inasmuch as the petitioner has been remitting the contribution in the erstwhile Court and without even considering the same, the orders were passed. More specifically, with reference to the second period, the remittances were made from 01.11.2021. Secondly, it is contended that during COVID-19, the concern was shut down, the employees had gone away and there was no occasion for the petitioner to pay the contribution.

4. Considering the nature of the plea made and since the petitioner is well within the period of limitation to approach the ESI Court, the petitioner is at liberty to raise all contentions in the original petition to be filed before the ESI Court.

5. Granting such liberty to the petitioner to approach the appropriate Court, these writ petitions stand disposed of. Consequently, connected miscellaneous petitions are also closed. No costs. 06-02-2026 nsl To Chennai - 600 034.

Chennai - 600 058

D.BHARATHA CHAKRAVARTHY J.

nsl W.P.Nos.3062 & 3066 of 2026 06-02-2026