MS B EARTH SPIRE INDIA PVT LTD vs EMPLOYEES STATE INSURANCE CORPORATION

1 The petitioner, by way of instant writ petition, as cast under Article 226 of the Constitution of India, prays for issuance of a Mandamus upon the respondent to consider and decide the representations dated 10.03.2026 (Annexure P-1) and 20.03.2026 (Annexure P-2). In the instant matter, the authority concerned, under Section 85-B of the Employees’ State Insurance Act, 1948 (for short, ‘the Act’), imposed damages upon the petitioner. Thereafter, another order was passed on 02.08.2019, imposing further damages. Aggrieved, the petitioner preferred an application under Section 75, accompanied by another application under Section 75 (2B) of the Act, seeking interim stay on the orders (supra). Accordingly, learned Civil Judge concerned, vide order dated 10.09.2019 (Annexure P-7), decided the said application, thereby, directing the petitioner to deposit 50% of the assessed damages, as a condition for stay of the proceedings. Fetching grievance from the order (supra), a revision petition was filed before this Court, wherein, vide order dated 23.10.2019 (Annexure P-8), notice of motion was issued, subject to deposit of 25% of the assessed amount, instead of 50%. Resultantly, in compliance