M/S Clear Secured Services Pvt. Ltd. v. Emplopyees States Insurance Corporation And ORS.

23.06.2026 Item No.4 Ct. No. 30 Aloke WPA 11351 of 2026 M/s. Clear Secured Services Pvt. Ltd.

Vs Employees' State Insurance Corporation & Ors. Mr. Victor Chatterjee Ms. Shreya Bhattacharjee ... for the petitioner Ms. Soum Guha Thakurta ... for the respondent nos. 1 to 3 Ms. Soma Chakraborty Mr. Kaustav Seal Mr. Saikat Koley ... for the State

1. Affidavit-of-service filed be kept with the record.

2. The revisional application has been preferred being aggrieved by the purported show-cause notice dated 27.05.2025 and the impugned order dated 18.09.2025 and consequential notices of demand dated 30.01.2026.

3. Learned counsel for the petitioner submits that the said orders have been passed without serving any notice upon the petitioner and, as such, the petitioner was not given a hearing.

4. Learned counsel for the respondent/ESI authority has placed documents to substantiate their stand that the petitioner was duly served, but the petitioner chose not to appear.

5. Learned counsel for the ESI fairly submits that they have instructions to submit that they are ready and willing in the interest of justice to give a fresh hearing to the petitioner even at this stage.

6. The petitioner submits that if the petitioner is given a hearing in accordance with law, then his grievance in the writ petition shall be met.

7. Accordingly, the revisional application is disposed of with the direction that the petitioner shall be given a hearing by the authority concerned on 15th July, 2026 at 11 a.m. The petitioner shall be present for the said hearing positively and the authority concerned shall give an opportunity of hearing to the petitioner and decide the issue in accordance with law by passing a reasoned order.

8. In view of this order, the show-cause notice dated 27.05.2025 and the impugned order dated 18.09.2025 and consequential notices of demand dated 30.01.2026, are hereby set aside with liberty granted to the authority concerned, to pass fresh orders, in accordance with law.

9. Writ application stands disposed of.

10.

Connected application, if any, stands disposed of.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)