Disposed

M/s.Omega Engineering Works v. The State of Andhra Pradesh

Andhra Pradesh HC18 Sept 2024WP/20026/2024

Case brief

AI extract

What is this about?

Employer challenged an ESI Corporation demand of Rs.10,14,016/- passed under Section 45A of the ESI Act by way of writ petition. The Court held the statutory appeal was the proper remedy and disposed of the petition directing the petitioner to appeal within four weeks, suspending recovery subject to deposit of 50% of the demanded amount.

What the court decided

AI extract

M/s.Omega Engineering Works Vs The State of… — Service and Employment | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH ::,AMARAVATI (Special Original Jurisdiction) ^

¶2

THURSDAY, THE NINETEENTH DAY OF SEPTEMBER f 5
f o
TWO THOUSAND AND TWENTY FOUR
.0

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PRESENT

¶4

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 20026 OF 2024

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Between:

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M/s.Omega Engineering Works, Rep. by its proprietor Smt.K.Suneetha, Office D.No. 16-48/3, Opp.St.Anns Hospital, Kondapalli, N.T.R.^{District-521228.}

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Secretary^{toGovernmentand} Member for Employees State Insurance Corporation, Labour, Factories, Boilers and Insurance, Medical Services (Labour-ll) Department, Secretariat, Velagapudi, Amaravati, Guntur District-522237.

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The Deputy Director, Employees State Insurance Corporation, Regional Office ESI Road, Gunadala, Vijayawada-520004.

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The Revenue Recovery Officer, Employees State Insurance Corporation, Regional Office ESI Road, Gunadala, Vijayawada-5200^04. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring 2nd Respondents order file No.62000170760000606/2220211029, dt.02.02.2021 arid subsequent order file No. AP/RO/VJA/RRO/Q/62000170760000606, dt.28.11.2023 thereby demanding an amount of Rs.10,14,016/including costs of recovery and further interest upto 23.11.2023 as illegal, irregular, irrational, contrary to Employee State Insurance (ESI) Act, 1948 (as amended by act

¶13

29 of 1989) in violation of principles of natural justice, further offends Articles 14, 19 and 21 of the Constitution of India. Consequently, set aside 2nd Respondents order file No.62000170760000606/2220211029, dt.02.02.2021 and subsequent order file " No.AP/ROA/JA/RRO/Q/620001 70760000606, dt.28.11.2023.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to stay 2nd Respondents order file No.62000170760000606/2220211029, dt.02.02.2021 and subsequent order file No.AP/RO/VJA/RRO/Q/62000170760000606, dt.28.11.2023.

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Counsel for the Petitioner: SRI V.N.V.SURYA DATTU

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Counsel for the Respondents: GP FOR LABOUR

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The Court made the following: ORDER

APHC010390052024

SMS

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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THURSDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 20026/2024

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Between;

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M/s.omega Engineering Works

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.V.N.V.SURYADATTU

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Counsel for the Respondent(S):

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1.GP FOR LABOUR

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The Court made the following:

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¶41

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 20026/2024

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FINAL ORDER:

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The present Writ Petition is filed under Article 226^{oftheConstitutionof} India seeking following relief:

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" may be pleased to issue a writ, order or direction^more particularly one in the nature of WRIT OF MANDAMUS declaring 2^^ Respondents order file No.62000170760000606/2220211029, dt. 02.02.2021 arid subsequent order file No.AP/RO/VJA/RRO/Q/62000170760000606, dt.28.11.2023 thereby demanding an amount of Rs.10,14,016/- including^costsof recovery and further interest upto 23.11.2023 as illegal, irregular, irrational, contrary to Employee State Insurance (ESI) Act, 1948 (as amended by Act 29 of 1989) in violation of principles^ofnatural justice, further offends Articles 14, 19 and 21 of^{theConstitutionof} India. Consequently, set-aside 2”^ Respondents order file No. 62000170760000606/2220211029, dt. 020.02.2021 and subsequent order file No.AP/ROA/J/VRRO/Q/62000170760000606, dt. 28.11.2023 and pass ”

¶46

Heard learned counsel for the petitioner and Sri Ch. Naidu, learned

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Standing Counsel for Respondent-corporation.

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The preliminary objection is raised by Sri. Ch. Naidu, learned Standing Counsel for Respondent Nos. 2 and 3, that the order under challenge in the petition, is an order under Section 45A of Employees’ State Insurance Act, 1948, [“E.S.I. Act”], which is appealable under Section^{45AAoftheE.S.I.Act.}

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Learned counsel for the petitioner, at this stage, submits that keeping it open for the petitioner to take recourse of the statutory appeal, the petition may be disposed of.

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¶51

On perusal of the material available on record, it is observed that the impugned order has been passed under Section 45A of the E.S.I. Act. The same Act provides for the statutory appeal as well. It is settled in law that if the statutory remedy of appeal is provided, this Court in the exercise of writ jurisdiction would ordinarily not entertain the Writ Petition except in exceptional circumstances. The case at hand, any of such exceptional circumstance has not been pointed out by the learned Counsel for the petitioner.

¶52

Accordingly, the Writ Petition is disposed of directing the petitioner to submit Appeal under Section 45A of the Act before the Appellate Court within a period of four (04) weeks from the date of receipt of a copy of the order. Further, there shall be an interim suspension of proceedings bearing No.AP/ROA/JA/RRO/Q/62000170760000606, dated 28.11.2023, pursuant to the impugned order bearing No.62000170760000606/2220211029 dated 02.02.2021, subject to deposit of the 50% of the demanded amount i.e.. Rs.10,14,016/- as per the proceedings dated 28.11.2023 within a period of eight (08) weeks, till the hearing by the appeal of the E.S.I. Court. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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Sd/-V.DIWAKAR deputy REGISTRAR //TRUE COPY//

SECTION OFFICER

To,

The Secretary to Government and Member for, Employees State Labour, Factories, Boilers and Insurance, Med\ca\ Sewvces (.Labour-W) Department, Secretariat, Velagapudi ^maravat,G,unturD\str\ct-522237.

¶59

The Deputy Director, Employees State Insurance Corporation, Regional Office ESI Road, Gunadala, Vijayawada-520004.

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The Revenue Recovery Officer, Employees State Insurance Corporation, Regional Office, ESI Road, Gunadala, Vijayawada520004.

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One CC to SRI V.N.V.Surya Dattu Advocate [OPUC]

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Two CCs to GP for Labour, High Court of Andhra Pradesh. [OUT]

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Three CD Copies

HIGH COURT

DATED:19/09/2024

ORDER

WP.No.20026 of 2024

I 02 APR 2025 1
^ . Current Secuon

¶70

DISPOSING OF THE W.P. WITHOUT COSTS

M/s.Omega Engineering Works v. The State of Andhra Pradesh

Case brief

What is this about?

What the court decided

M/s.Omega Engineering Works v. The State of Andhra Pradesh

Case brief

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What the court decided

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