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HIGH COURT OF MEGHALAYA

AT SHILLONG

WA No. 17 of 2024

Date of order: 14.05.2024

1. Employees State Insurance Corporation (ESIC),

Represented by the Deputy Director I/C,

NE Region, Guwahati, Assam.

2. The Recovery Officer,

Employees State Insurance Corporation (ESIC),

NE Region, Regional Office, Guwahati, Assam.

3. The Authorised Officer,

Employees State Insurance Corporation (ESIC),

Represented by the Deputy Director I/C,

NE Region, Guwahati, Assam.

4. The Branch Manager, State Bank of India,

Laitumkhrah (Shillong) Branch, Shillong. ......Appellants

vs.

Shri Ngaitlang Dhar

S/o Shri K. Pala,

R/o Lower Nongrim Hills,Shillong,

East Khasi Hills, Meghalaya. .....Respondent

Coram:

Hon’ble Mr. Justice S. Vaidyanathan, Chief Justice

Hon’ble Mr. Justice B. Bhattacharjee, Judge

Appearance:

For the Appellants : Ms. B. Khongthaw, Adv.

For the Respondent : Mr. S. Deb, Adv.

Mr. N.D. Chullai, AAG with

Ms. Z.E.Nongkynrih, GA

i) Whether approved for Yes

reporting in Law journals etc.:

ii) Whether approved for publication Yes

in press:

Serial No. 02

Regular List

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J U D G M E N T

(Made by Hon’ble, the Chief Justice)

The present appeal has been preferred against the order dated

17.08.2023 passed by the learned Single Judge, by which a direction

was issued to the Writ Petitioner to approach the Civil Court, pursuant

to the non-availability of the ESI Court. The *ESIC has preferred this

Writ Appeal, stating that there is no ESI Court and therefore, the *ESIC

has no other option, but to approach this Court.

2. Learned counsel for the respondent has contended that in

terms of Section 75 (3) of the Employees’ State Insurance Act, 1948,

the jurisdiction of Civil Court is ousted. The Writ Petitioner cannot

approach the ESI Court and he has to knock at the doors of this Court in

the absence of ESI Court.

3. On 18.03.2024, this Court has passed an order, directing the

Deputy Director of the Corporation to appear before this Court virtually,

pursuant to which, the Deputy Director has appeared virtually today and

learned AAG has produced a Government Order dated 03.04.2024,

nominating the Chief Judicial Magistrate at Shillong to be the ESI Court

covering the whole State of Meghalaya and the Notification issued by

the Government is reproduced below:

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“ORDER BY THE GOVERNOR

NOTIFICATION

Dated Shillong, the 3

rd

April, 2024

No. LE&SD. 104/93/262 – In exercise of the powers conferred

by Section 74 of the Employees State Insurance Act, 1948 read

with Rule 3 of the Meghalaya Employees’ State Insurance

Courts Rules, 1980, the Governor of Meghalaya is pleased to

constitute for the purpose of the said Act, the Employees State

Insurance Court as specified in the Schedule herein below :-

-SCHEDULE-

Name of the Court Presiding Officer Jurisdiction

Employees State

Insurance Court

Chief Judicial

Magistrate at Shillong

Whole State of

Meghalaya

Earlier Government Notification No.LBI.104/93/251

dt.23.03.2023 is hereby cancelled.

Sd/-

C. Sangte, IRS,

Principal Secretary to the Govt. of Meghalaya,

Department of Labour, Employment & Skill Development”

4. In view of the aforesaid Notification, the Writ Petitioner is

now permitted to approach the ESI Court and the period during which

the Writ Petition and the Writ Appeal are pending, shall be excluded for

the purpose of calculating the delay. The observation made by the

learned Single Judge that the Writ Petitioner has to approach the *Civil

Court may not be correct in the light of Section 75 (3). Section 75 (3) is

reproduced hereunder for the purpose of clarity:

“75 (3) No Civil Court shall have jurisdiction to decide or deal

with any question or dispute as aforesaid or to adjudicate on any

liability which by or under this Act is to be decided by [a

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medical board, or by a medical appeal tribunal or by the

Employees’ Insurance Court].”

5. It is made clear that any observation made by the learned

Single Judge touching upon the merits of the case cannot have a bearing

for the ESI Court to decide the matter on merits and uninfluenced by the

order of the learned Single Judge in respect of merits of the matter, if

any, the ESI Court shall have to decide the issue, including the

application for waiver and for deposit of money.

6. At this juncture, it is brought to our notice by the learned

counsel for the respondent herein that the Writ Petitioner has

approached the Civil Court pursuant to orders of this Court. In the light

of the observation made hereinabove, the Civil Court has no jurisdiction

and the suit will have to be dismissed on the ground of lack of

jurisdiction.

7. With the above observations and directions, the Writ Appeal

stands disposed of.

(B. Bhattacharjee) (S. Vaidyanathan)

Judge Chief Justice

Meghalaya

14.05.2024

“Sylvana PS”

*Substituted as per the order dated 17.05.2024.