High Court of Gujarat

THE EMPLOYEES STATE INSURANCE CORPORATIONversusM/S N G PROJECTS LIMITED

Decided: 18 June 2026
Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: DEVAN M DESAI

Holding

The order dated 16 April 2024 passed by the ESI Court in Application No.21 of 2024 is quashed and set aside, and the applications must be reheard within seven days.

Summary

The Employees State Insurance Corporation (ESIC) and others filed a special civil application before the Gujarat High Court challenging an order dated 16 April 2024 passed by the Employees State Insurance (ESI) Court in Application No.21 of 2024. The impugned order had decided certain annexures (Exh.2 and Exh.7) without giving the parties an opportunity to be heard. The parties agreed that the order should be set aside and the matter reheard. The High Court, without delving into the merits, quashed the ESI Court's order and directed that the applications concerning Exh.2 and Exh.7 be heard afresh within seven days, with any reply filed within two days. The petition was disposed of, with no order as to costs and the interim relief vacated.

Issues considered

Whether the order dated 16 April 2024 passed by the ESI Court in Application No.21 of 2024 should be quashed and set aside.
Whether the parties are entitled to a fresh hearing of the applications concerning Exh.2 and Exh.7.

Subjects

Employees State Insurance Corporation
ESI Court
quash order
procedural fairness
special civil application
high court
interim relief
hearing

Judgment

    C/SCA/7811/2024                            ORDER DATED: 18/06/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 7811 of 2024

==========================================================
     THE EMPLOYEES STATE INSURANCE CORPORATION & ORS.
                           Versus
              M/S N G PROJECTS LIMITED & ORS.
==========================================================
Appearance:
MR AV NAIR(5602) for the Petitioner(s) No. 1,2,3
MR CR ABICHANDANI(2421) for the Respondent(s) No. 2
MR PS GOGIA(2751) for the Respondent(s) No. 3
MR. HEMAL SHAH(6960) for the Respondent(s) No. 1
ORTIS LAW OFFICES(12342) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                          Date : 18/06/2026

                           ORAL ORDER


      Learned advocate Mr. P.S. Gogia for respondent No.3
has filed a leave note today, however, learned advocate for
both the sides submitted that respondent No.3 is a formal
party and, therefore, presence of Mr. P.S. Gogia is not
required.
      When the petition was taken up for hearing, learned
advocates for both the sides, upon instructions, have agreed
that the order impugned dated 16.4.2024 passed below
Exhs.2 and 7 in ESI Application No.21 of 2024 be quashed
and set aside and the learned ESI Court be directed to
decide Exhs.2 and 7 afresh after giving opportunity of being
heard to both the sides.
      Having considered the submissions made by learned
advocates for the parties, without entering into the merits of
the matter, the impugned order dated 16.4.2024 passed
below Exhs.2 and 7 in ESI Application No.21 of 2024 passed


                              Page 1 of 2
           C/SCA/7811/2024                                                       ORDER DATED: 18/06/2026




   by learned ESI Court is hereby quashed and set aside with a
   specific direction that the application Exhs.2 and 7 shall be
   heard and decided within a period of 7 days from the date of
   receipt of this order. The parties to the proceedings are
   directed to give full cooperation to the learned ESI Court. If
   any reply to be filed by the present petitioner against Exhs.2
   and 7, the same shall be filed as early as possible but not
   later than two days from the date of receipt of this order.
         The petition stands disposed of in above terms. No
   order as to costs. Rule / Notice, if any, stands discharged.
   Interim Relief, if any, stands vacated forthwith.
         Direct Service, today, is permitted.


                                                                                             (D. M. DESAI,J)
   vk




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VATSAL KOTECHA(HC00352), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/06/2026 15:45:59




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