Supreme Court - Daily Orders
Employees State Insurance Corporation ... vs Itd Cementation India Ltd. And Anr. Etc on 6 February, 2026
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL/EXTRA-ORDINARY APPELLATE JURISDICTION
TRANSFER PETITION (CIVIL) NOS.576-598 OF 2019
EMPLOYEES STATE INSURANCE CORPORATION AND ANR. ETC. PETITIONER(S)
VERSUS
ITD CEMENTATION INDIA LTD. AND ANR. ETC. RESPONDENT(S)
WITH
SPECIAL LEAVE PETITION (CIVIL) No.13351 OF 2018
WRIT PETITION (CIVIL) No.936 OF 2022
O R D E R
1. These transfer petitions have been preferred by the Employees State Insurance Corporation & Anr. Etc. seeking transfer the writ petitions pending before different High Courts challenging the validity of ESIC Circular No.P-12/11/11/60/2010-Rev.II dated 31.07.2015 under the subject coverage of all the construction workers/employees under Employees Insurance Act.
2. It is common ground that three High Courts, namely, High Court of Bombay (Goa Bench), High Court of Madhya Pradesh and High Court of Judicature at Patna have already sustained the validity of the above ESIC Circular, however, petitions have been filed and are pending before some other High Courts which ought to be transferred to this Court for the reason that this Signature Not Verified Digitally signed by JAGDISH KUMAR Court is already seized of the special leave Date: 2026.02.09 17:25:36 IST Reason: petition(s) preferred by the aggrieved parties, wherein the Circular has been upheld by the three High Courts, namely, High Court of Bombay (Goa Bench), High Court of 2 Madhya Pradesh and High Court of Judicature at Patna. The special leave petition is pending against the judgment rendered by the High Court of Bombay (Goa Bench).
3. The following petitions are pending before the different High Court(s) mentioned as per the following particulars.
Sr. No. Name of the matter Transfer Petition No.
1. High Court of Delhi at New Delhi/W.P. No.9654/2016 576/2019 [ITD Cementation India Ltd. Vs. Union of India & Ors.]
2. High Court of Delhi at New Delhi/W.P. No.2011/2016 577/2019 [Builders Association of India vs. The Regional Director of Employees State Insurance Corporation & Ors. Pending before the High Court of Delhi]
3. High Court of Delhi at New Delhi/W.P. No.10594/2016 578/2019 [Hindustan Construction Co. Ltd. vs. Employees State Insurance Corporation & Ors.]
4. High Court of Andhra Pradesh at Amaravati/W.P. 579/2019 No.41268/2015 [M/s. Sapthagiri Constructions Employees State Insurance Corporation & Ors.]
5. High Court of Andhra Pradesh at Amravati/W.P. 580/2019 No.16772/2016 [Indian Hume Pipe Co. Ltd. vs. ESIC & Ors.}
6. High Court of Delhi at New Delhi/W.P. No.6338/2016 581/2019 [GYT-TPL Joint Venture vs. Union of India & Ors.]
7. High Court of Judicature at Madras/W.P. 583/2019 No.29496/2015 [Builders Association of India vs. Employees State Insurance Corporation & Anr.]
8. High Court of Judicature for Rajasthan at Jodhpur/S.B. 587/2019 Civil Writ Petition No.1763/2016 [M.E.S. Builders Association of India vs. Union of India & Ors.]
9. High Court of Delhi at New Delhi/W.P. No.5978/2017 588/2019 [Era Infra Engineering Ltd. vs. Union of India & Ors.]
10. High Court of Judicature at Madras/WP (MD) 591/2019 No.16996/2015 [M/s. M. Selvakumar vs. ESI Corporation & Anr.]
11. High Court of Judicature at Madras/WP No.10428/2016 592/2019 [CREDAI Chennai vs. Employees State Insurance Corporation & Anr.] 3 Out of the matters mentioned above, the one before High Court of Judicature at Madras, W.P. No. 29496/2015, has been dismissed for want of prosecution on 13th December, 2024. However, there is possibility that the said petitions may be restored at a later point of time, therefore, we direct that all the above writ petitions from serial Nos.1 to 9 and 11 except W.P. No.29496/2015 at serial No.7 be transferred to this Court for analogous hearing along with SLP (Civil) No.13351/2018 and W.P. (Civil) No.936/2022.
4. The Registrar General of the concerned High Court(s) be informed forthwith for sending the records of the respective writ petition(s) to this Court.
5. The transfer petitions (writ petitions from serial Nos.1 to 9 and 11) are allowed in the above stated terms.
6. Post the matters immediately after eight weeks along with SLP (Civil) No.13351/2018 and W.P. (Civil) No.936/2022.
……………………………………………..J. [PRASHANT KUMAR MISHRA] ……………………………………………..J. [N.V. ANJARIA] New Delhi Dated; 06th February, 2026.
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ITEM NO.50 COURT NO.15 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
TRANSFER PETITION(S)(CIVIL) NO(S). 576-598/2019
EMPLOYEES STATE INSURANCE CORPORATION AND ANR. ETC.PETITIONER(S) VERSUS ITD CEMENTATION INDIA LTD. AND ANR. ETC. RESPONDENT(S) IA No. 37520/2019 - EX-PARTE STAY WITH SLP(C) No. 13351/2018 (IX) (IA No. 82953/2019 - INTERVENTION/IMPLEADMENT IA No. 174449/2019 - MODIFICATION OF COURT ORDER) W.P.(C) No. 936/2022 (X) (IA No. 159276/2022 - EXEMPTION FROM FILING O.T. IA No. 166156/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 165640/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 159274/2022 - STAY APPLICATION) Date : 06-02-2026 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA HON'BLE MR. JUSTICE N.V. ANJARIA For Petitioner(s) :Mr. Jose Abraham, AOR Mr. Basil Jaison, Adv.
Mr. G. Anto Robert, Adv.
Mr. George Daniel George, Adv.
Mr. Sridhar Potaraju, Sr. Adv.
Mr. Arjun D. Singh, Adv.
Mr. Gaichangpou Gangmei, AOR Mr. Lalit Mohan, Adv.
Mr. Maitreya Mahaley, Adv.
Ms. Niharika Singh, Adv.
Mr. Yimyanger Longkumer, Adv.
Ms. Chamudeswari Pemmasani, Adv. Ms. Arlene Nooraha, Adv.
Mr. Kamei Bestman Kabui, Adv.
5Mr. Brijender Chahar, A.S.G. Mr. Vaibhav Manu Srivastava, AOR Mr. Mahesh Srivastava, Adv.
Ms. Gurpreet Singh, Adv.
Ms. Kaveri Rawal, Adv.
Ms. Mallika Luthra, Adv.
For Respondent(s) :Mr. Brijender Chahar, A.S.G. Mr. Vaibhav Manu Srivastava, AOR Mr. Mahesh Srivastava, Adv.
Ms. Kaveri Rawal, Adv.
Mr. Gurpreet Singh, Adv.
Ms. Mallika Luthra, Adv.
Mr. Rajiv Shukla, Adv.
Ms. Shivani Kapoor, Adv.
Mr. Debasis Jena, Adv.
Mr. Prakash Ranjan Nayak, AOR Mr. Jose Abraham, AOR Mr. Basil Jaison, Adv.
Mr. G. Anto Robert, Adv.
Mr. George Daniel George, Adv.
Mr. Ashok Mathur, AOR Ms. Ekta Bhasin, Adv.
Mr. Anand Amit, Adv.
Ms. Shardha Jutshi, Adv.
Mr. Sridhar Potaraju, Sr. Adv.
Mr. Arjun D. Singh, Adv.
Mr. Gaichangpou Gangmei, Adv.
Mr. Lalit Mohan, Adv.
Mr. Maitreya Mahaley, Adv.
Ms. Niharika Singh, Adv.
Mr. Yimyanger Longkumer, Adv.
Ms. Chamudeswari Pemmasani, Adv. Ms. Arlene Nooraha, Adv.
M/s Ag Veritas Law, AOR Mr. Ajay Vikram Singh, AOR Mrs. Priyanka Singh, Adv.
Mr. M Aamir Faiyaz, Adv.
Ms. Anushka Rajora, Adv.
Mr. Rajesh Kumar, Adv.
Mr. Mohit Singhal, Adv.
Mr. Shidhhart Shankar Jha, Adv. Ms. Kalpana Jha, Adv.
6Mr. Vikas Upadhyay, AOR Ms. Ankita Kashyap, Adv.
Mr. Ranveer Singh, Adv.
Mr. Shiva Narang, Adv.
Mr. Shashank Manish, AOR Ms. Nidhi Sahay, Adv.
Ms. Pragati Singh, Adv.
Mr. Himanshu Raj, Adv.
Mr. Shiv Mangal Sharma, A.A.G. Mr. Puneet Parihar, Adv.
Ms. Nidhi Jaswal, AOR Mr. Ashwani Kumar, AOR Ms. Iti Sharma, Adv.
Mr. Punet Sharma, Adv.
Mr. Arvind Gupta, AOR Mr. Anil Kumar Sahu, Adv.
Mr. Manokul Chandra, Adv.
Mr. Kanav Bhardwaj, Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Ankur Saigal, Adv.
Ms. Sukritii Bhatnagar, Adv.
Mr. E. C. Agrawala, AOR Mr. Gaichangpou Gangmei, AOR Ms. Anushree Prashit Kapadia, AOR Mr. Pranay Bhardwaj, Adv.
Mr. Shivank S. Singh, Adv.
Ms. Pragya Jaishwal, Adv.
Mr. Rakesh Dahiya, AOR Mr. Aakash Dahiya, Adv.
Mr. R.n. Mahlawat, Adv.
Mr. Anuj Rathee, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. These transfer petitions have been preferred by the Employees State Insurance Corporation & Anr. Etc. seeking transfer the writ petitions pending before different High Courts challenging the validity of ESIC 7 Circular No.P-12/11/11/60/2010-Rev.II dated 31.07.2015 under the subject coverage of all the construction workers/employees under Employees Insurance Act.
2. It is common ground that three High Courts, namely, High Court of Bombay (Goa Bench), High Court of Madhya Pradesh and High Court of Judicature at Patna have already sustained the validity of the above ESIC Circular, however, petitions have been filed and are pending before some other High Courts which ought to be transferred to this Court for the reason that this Court is already seized of the special leave petition(s) preferred by the aggrieved parties, wherein the Circular has been upheld by the three High Courts, namely, High Court of Bombay (Goa Bench), High Court of Madhya Pradesh and High Court of Judicature at Patna. The special leave petition is pending against the judgment rendered by the High Court of Bombay (Goa Bench).
3. The following petitions are pending before the different High Court(s) mentioned as per the following particulars.
Sr. No. Name of the matter Transfer Petition No.
1. High Court of Delhi at New Delhi/W.P. No.9654/2016 576/2019 [ITD Cementation India Ltd. Vs. Union of India & Ors.]
2. High Court of Delhi at New Delhi/W.P. No.2011/2016 577/2019 [Builders Association of India vs. The Regional Director of Employees State Insurance Corporation & Ors. Pending before the High Court of Delhi]
3. High Court of Delhi at New Delhi/W.P. No.10594/2016 578/2019 [Hindustan Construction Co. Ltd. vs. Employees State Insurance Corporation & Ors.]
4. High Court of Andhra Pradesh at Amaravati/W.P. 579/2019 No.41268/2015 [M/s. Sapthagiri Constructions Employees State Insurance Corporation & Ors.] 8
5. High Court of Andhra Pradesh at Amravati/W.P. 580/2019 No.16772/2016 [Indian Hume Pipe Co. Ltd. vs. ESIC & Ors.}
6. High Court of Delhi at New Delhi/W.P. No.6338/2016 581/2019 [GYT-TPL Joint Venture vs. Union of India & Ors.]
7. High Court of Judicature at Madras/W.P. 583/2019 No.29496/2015 [Builders Association of India vs. Employees State Insurance Corporation & Anr.]
8. High Court of Judicature for Rajasthan at Jodhpur/S.B. 587/2019 Civil Writ Petition No.1763/2016 [M.E.S. Builders Association of India vs. Union of India & Ors.]
9. High Court of Delhi at New Delhi/W.P. No.5978/2017 588/2019 [Era Infra Engineering Ltd. vs. Union of India & Ors.]
10. High Court of Judicature at Madras/WP (MD) 591/2019 No.16996/2015 [M/s. M. Selvakumar vs. ESI Corporation & Anr.]
11. High Court of Judicature at Madras/WP No.10428/2016 592/2019 [CREDAI Chennai vs. Employees State Insurance Corporation & Anr.] Out of the matters mentioned above, the one before High Court of Judicature at Madras, W.P. No. 29496/2015, has been dismissed for want of prosecution on 13th December, 2024. However, there is possibility that the said petitions may be restored at a later point of time, therefore, we direct that all the above writ petitions from serial Nos.1 to 9 and 11 except W.P. No.29496/2015 at serial No.7 be transferred to this Court for analogous hearing along with SLP (Civil) No.13351/2018 and W.P. (Civil) No.936/2022.
4. The Registrar General of the concerned High Court(s) be informed forthwith for sending the records of the respective writ petition(s) to this Court.
5. The transfer petitions (writ petitions from serial Nos.1 to 9 and 11) are allowed in the above stated terms.
96. Post the matters immediately after eight weeks along with SLP (Civil) No.13351/2018 and W.P. (Civil) No.936/2022.
(CHETNA BALOONI) (JAGDISH KUMAR) COURT MASTER (NSH) ASTT. REGISTRAR-cum-PS (Original signed order is placed on the file)