HC asks Centre, State to explain delay in ESIC coverage for Kutch workers

By A Representative

The Gujarat High Court has sought responses from the Centre, the state government and the Employees State Insurance Corporation (ESIC) on a public interest litigation demanding extension of benefits under the Employees’ State Insurance Act, 1948, to workers in the Kutch district. The division bench of Chief Justice Sunita Agarwal and Justice D.N. Ray issued directions on November 21 and posted the matter for further hearing on December 12 .

The petition, filed by Shree Kutch General Mazdoor Sangh, a registered trade union, argues that despite rapid industrial growth in Kutch over recent years, the district remains outside the notified ESIC coverage area. The petition states that thousands of workers are engaged in hazardous sectors including ports, chemicals, mining, power and salt production, yet do not receive medical and other statutory benefits under the scheme.

According to submissions, Kutch hosts major ports such as Kandla, Mundra and Dubai Port World, with nearly 70% of national cargo movement, and is home to Asia’s largest timber conversion zone. It contributes around 60% to India’s total salt production, and workers face risks such as heat stress, injuries, chemical exposure and respiratory diseases . The petition also points to 944 registered factories in the district, 857 of which are functional, including 43 classified as hazardous, and lists multiple industrial accidents reported between 2018 and 2022 .

It is contended that adequate medical infrastructure already exists in the district to support ESI expansion, and the court was informed that the Indian Medical Association’s Gandhidham chapter had written to the ESIC Director General requesting notification of Kutch under the Act .

The petition highlights that only three districts in Gujarat—Vadodara, Gandhinagar and Valsad—are fully notified under ESIC coverage, while 16 are partially notified and 14, including Kutch, remain outside its scope. The latest notification was issued in February 2019 for Vadodara, and no regional ESIC board exists in the state .

The High Court directed all respondents to file affidavits detailing efforts undertaken by the Union and state governments and the ESIC toward expanding the scheme in Gujarat, specifically to Kutch, and to submit a para-wise response to issues raised in the petition.

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