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Gujarat High Court

M/S Rinkoo Processors Ltd. 238 vs Regional Director, Employees State ... on 16 February, 2026

                                                                                                          NEUTRAL CITATION




                              C/SCA/1959/2026                              ORDER DATED: 16/02/2026

                                                                                                          undefined




                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                  R/SPECIAL CIVIL APPLICATION NO. 1959 of 2026

                       ==========================================
                                       M/S RINKOO PROCESSORS LTD. 238
                                                      Versus
                        REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION
                       ==========================================
                       Appearance:
                       JWALIT B SONEJI(7895) for the Petitioner(s) No. 1
                       MR.KRUTARTH K PANDYA(7092) for the Respondent(s) No. 1
                       ==========================================

                            CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                                       Date : 16/02/2026

                                                         ORAL ORDER

1. The present petition is filed under Articles 226 and 227 of the Constitution of India and under the provisions of the Employees' State Insurance Act, 1948 for the following reliefs:-

(A) Your Lordships may kindly be pleased to issue a Writ of Certiorari and/or any other appropriate writ, direction to quash and set aside the Daily Order dated 12.01.2026 passed by respondent as it is in violation of order dated 06.02.2025 passed by the Hon'ble ESI Court, Ahmedabad in ESI Application No. 91/2017.

(B) Your Lordships may kindly be pleased to issue a Writ of Certiorari and/or any other appropriate Writ, direction comply with the direction of the order dated 06.02.2025 passed by the Hon'ble ESI Court, Ahmedabad in ESI Application No.91/2017 and further be pleased to direct respondent to decide whether the respondent has authority to pass order under S.45-A of ESI Act may be decided as preliminary issue as per representation.

NEUTRAL CITATION C/SCA/1959/2026 ORDER DATED: 16/02/2026 undefined (C) Pending the admission, hearing and final disposal of this petition be pleased to stay all coercive recovery proceedings, including C-19 Notice dated 20.11.2017 and stay the further proceedings under the C-18 notice dated 21.04.2017 issued by respondent be further pleased to direct the respondent not to pass any adverse order against appellant or recovery money from appellant.

(D) Restrain the respondents from attaching any bank accounts or assets of the petitioner.

(E) Your Lordships may kindly be pleased to pass any other further Order/s as are deemed fit, just and proper in the facts and circumstances of the case and in the interest of justice.

2. The petitioner has challenged the notice / daily order dated 12.01.2026 passed by the Deputy Director, ESIC, Ahmedabad wherein the Deputy Director has observed that the petitioner had failed to produce relevant documentary evidence with E.I. Application No. 91 of 2017 and therefore under Section 125 of the Code on Social Security will be issued shortly after examination of all the records available with the office. On the basis of that, the petitioner made representation before the Assistant Director, E.S.I. Corporation, Ahmedabad on 22.11.2025.

3. Heard learned counsel appearing for the respective parties.

4. Considering the issue involved in the present petition, it appears that when the petitioner was charging dues of the contribution along with the penalty for a period of 2012 - 2013, at that time, the Social Security was not come into force and even the concerned authority has initiated proceedings. Therefore, the petitioner has made a representation before the concerned Authority, Page 2 of 3 Uploaded by V.R. PANCHAL(HC00171) on Wed Feb 18 2026 Downloaded on : Sat Mar 14 01:34:12 IST 2026 NEUTRAL CITATION C/SCA/1959/2026 ORDER DATED: 16/02/2026 undefined which is at present pending for decision.

5. In view of the above, the concerned authority shall decide the representation made by the petitioner, after giving proper opportunity of hearing to the petitioner. The notice / daily order dated 12.01.2026 passed by the Deputy Director, ESIC, Ahmedabad shall not be implemented till the final decision of the representation.

6. With the aforesaid observation, the present petition stands disposed of accordingly. There shall be no order as to costs.

(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 3 of 3 Uploaded by V.R. PANCHAL(HC00171) on Wed Feb 18 2026 Downloaded on : Sat Mar 14 01:34:12 IST 2026