Pending ESI appeals may be withdrawn to enable applications under the New Amnesty Scheme.

The appellant filed an appeal under Section 82 of the Employees’ State Insurance Act, 1948, challenging the Employees’ Insurance Court, Labour Court, Bilaspur’s order dated 20 January 2023.

During the appeal, ESIC introduced the New Amnesty Scheme, 2025, and the appellant sought permission to avail its benefits.

The appellant relied on this Court’s order in Vandana Global Limited v. Deputy Director, ESIC; ESIC did not oppose the application.

Whether the appellant should be permitted to withdraw the appeal and seek settlement under the New Amnesty Scheme, 2025.

Whether the appellant should be permitted to seek restoration of the appeal if ESIC does not proceed under the Scheme.

Section 82 of the Employees’ State Insurance Act, 1948, provides for an appeal from an order of the Employees’ Insurance Court; the underlying dispute concerned the Act, including the settlement provisions referenced in the New Amnesty Scheme.

Under the Scheme, specified contribution disputes pending before the Employees’ Insurance Court, in an appeal under Section 82, or in qualifying proceedings under Article 226 may be settled, subject to the employer seeking the court’s permission, applying in the prescribed form, and complying with the Scheme’s payment and other conditions.

The Scheme also provides that damages will not be levied in an eligible settlement.

The Court considered the Scheme’s provisions, the appellant’s request to pursue settlement, and ESIC’s lack of objection.

It permitted withdrawal of the appeal so that the appellant could apply to the competent authority under the Scheme.

The Court did not itself determine the appellant’s eligibility or the amount payable; it left the application to be decided by the competent authority in accordance with law.

The competent authority was directed to decide any such application in accordance with law.

The appellant was granted liberty to seek restoration of the appeal if ESIC did not proceed under the Scheme.