Bombay High Court
Employees State Insurance Corporation ... vs M/S Hnb Engineers Private Limited ... on 3 February, 2026
2026:BHC-AS:5504
Sayyed 2-(i).FA(ST).16581.2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO.16581 OF 2016
Employees State Insurance Corporation
Through its Addl. Commissioner & Ors. ...Appellants
Versus
M/s. HNB Engineers Private Limited
Thr. Authorised Signatory Subod Nandode ...Respondent
_____________________________________________________
Mr. Shailesh S. Pathak a/w Mr. T. R. Yadav for the Appellants.
_____________________________________________________
CORAM : JITENDRA JAIN, J.
DATE : 3 FEBRUARY 2026
P.C.:
1. By a separate order, delay in filing the appeal is condoned. Registry to number the appeal finally.
2. The present appeal is filed under Section 82 of the Employees' State Insurance Act, 1948 (ESI Act).
3. The substantial question of law handed over by Mr. Pathak reads as under :-
(i) Whether the ESI Court was justified in remanding the matter back for fresh adjudication ?
4. I have heard learned counsel for the appellants.
5. The learned Tribunal has observed that there has been non- attendance by the respondent before the Corporation. However, since various issues were raised before the ESI Court, the Court deemed fit to remand the matter so that the respondent can furnish all the details and all the issues raised before the ESI Court can be adjudicated upon by the Corporation.
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Sayyed 2-(i).FA(ST).16581.2016.doc
6. In my view, present remand order does not raise any substantial questions of law. The ESI Court has given reasons for the remand in paragraphs 12 and 13 of the impugned order and same does not suffer from any perversity or infirmity. However, it is made clear that the proviso to Section 45A(1) inserted with effect from 1 June 2010 would not be applicable to the facts of the present case, because the order to be passed is pursuant to the remand order of the ESI Court.
7. Clarifying the above, since there is no substantial question of law involved, the appeal is dismissed.
8. It is made clear that by this order, the appellants are not restrained from passing any fresh order pursuant to remand directions and any such order passed will be in accordance with law.
[ JITENDRA JAIN, J. ]
Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 03/02/2026 17:32:00 2 of 2