Yogesh Thakur And Others vs Employees State Insurance Corporation Through Regional Director And Others

Jai Kumar Pillai, J

The petitioners have filed the present petition under Article 226 of the Constitution of India, seeking the following reliefs:-

(i) Issue an appropriate writ, order or direction setting aside the order dated 13.03.2026 passed in Case No.0/26/ESI.

(ii) Issue an appropriate writ, order or direction that the Judge, Labour Court, Indore, has jurisdiction to hear and entertain cases under Employees State Insurance Court;

(iii) Issue an appropriate writ, order or direction setting aside the order dated 20.07.2022 and 11.02.2026.

(iv) Grant any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, including the cost of the petition. It is the case of the petitioners that they were aggrieved by order dated 13.03.2026 by which the Labour Court has returned the case of the petitioners on the ground that due to Code of Conduct, the Act has repealed and therefore there is no provision of implementing the order under Section 75 of ESI Act, 1948. The petitioners have invited the Court's attention to Section 164 of Social Security Code, 2026, which reads as under:-

164: Repeal and Savings . (1) The following enactments are hereby repealed, namely:-

(i) The Employee's Compensation Act, 1923 (8 of 1923);

(ii) The Employees' State Insurance Act, 1948 (34 of 1948);

(iii) The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952);

(iv) The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (31 of 1959);

(v) The Maternity Benefit Act, 1961 (53 of 1961);

(vi) The Payment of Gratuity Act, 1972 (39 of 1972);

(vii) The Cine-Workers Welfare Fund Act, 1981 (33 of 1981);

(viii) The Building and Other Construction Workers' Welfare Cess Act, 1996 (28 of 1996);

(ix) The Unorganized Workers' Social Security Act, 2008 (33 of 2008).

(2) Notwithstanding such repeal,-

(a) Anything done or any action taken under the enactments so repealed including any rule, regulation, notification (including the notifications issued by the States), scheme, appointment, order or direction made thereunder or any benefit provided or given under any provision of such enactments, rules, regulations, notifications or schemes made thereunder for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder and shall be in force to the extent they are not contrary to the provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder till they are repealed under the corresponding provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder by the appropriate Government;

(b) The Employees Provident Funds Scheme, 1952, the Employees Deposit Linked Insurance Scheme, 1976, the Employees Pension Scheme, 1995 and the Tribunal (Procedure) Rules, 1997 framed or made under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) and the rules, regulations and schemes made or framed under the Employees' State Insurance Act, 1948 (34 of 1948), shall remain in force, to the extent they are not inconsistent with the provisions of this Code for a period of one year from the date of commencement of this Code;

(c) any exemption given under any enactments so repealed shall continue to be in force till its validity expires or it ceases to be in operation under the provisions of this Code or till any direction is made thereunder for such purpose.

(3) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of such enactments.

On going through the same, it is clear that Section 164 provides rules and regulations made or framed under the ESI Act and shall remain in force to the extent they are not in consistent with the provisions of this Code for a period of one year from the commencement of the Code. While perusing the same, it is clear that the Code has been commenced from 25.11.2025 and it shall be in force till 25.11.2026.

Considering the same, the impugned order dated 13.03.2026 passed in Case No.0/26/ESI is hereby set-aside and the matter is remanded back to the Labour Court, Indore, to reconsider the entire issue by considering the provisions of Section 164 of Social Security Code, 2026. Let the said exercise be done within a period of 30 days from the date of receipt of certified copy of this order.

With the said observation, the petition stands disposed of.

Certified copy, as per Rules.