THE DEPUTY REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION vs M/S. AASHU ENGINEERING WORKS

2026:BHC-AS:8492 Sayyed 35-FA.756.2011.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.756 OF 2011 1. The Deputy Regional Director, Employees’ State Insurance Corporation, Panchdeep Bhavan 689/690, Bibevewadi, Pune – 400 037 2. The Recovery Officer, Sub-Divisional Office, ESIC Panchdeep Bhavan 689/690, Bibevewadi, Pune – 411 037 ...Appellants (Org. Opponent No.1) Versus M/s. Aashu Engineering Works Sr. No.4A, Salunke Vihar Road, Pune – 411 004 ...Respondent (Org. Applicant) _____________________________________________________ Mr. Mayuresh Nagle for the Appellants. Mr. Rutwij Bapat for the Respondent. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATE : 17 FEBRUARY 2026 JUDGMENT: 1. This appeal was admitted on 23 August 2011 on following substantial question of law :- “Whether, on admitted facts, the learned Judge of the Employees State Insurance Court (ESI Court) could have set aside the order passed under Section 85-B of the Employees' State Insurance Act, 1948 (ESI Act) ?” 1 of 7 Sayyed 35-FA.756.2011.doc 2. On 10 January 2006, the appellant passed an order under Section 85-B of the ESI Act, levying dam