Petitioner filed a writ petition to quash an order requiring a 50% deposit. The petitioner filed a memo of withdrawal; the High Court took the memo on record and dismissed the petition as withdrawn.
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NC: 2024:KHC:4450 WP No. 45753 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024 BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.45753 OF 2018 (L-RES)
BETWEEN:
M/S. K.K. ENTERPRISES (LABOUR CONTRACTOR) OPP. BUS STAND, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT (REF. BY ITS PARTNERSRI KRISHNA MURTHY. ... PETITIONER
(BY SRI S. VENKATESH AITHAL, ADVOCATE)
AND:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
EMPLOYEES’ STATE INSURANCE CORPORATION SUB REGIONAL OFFICE BANGALORE SOUTH (BOMMASANDRA) NO.23, 9TH ‘B’ & ‘C’ MAIN, B.T.M. RING ROAD, OPP. INDIAN OIL PETROL BUNK BANGALORE – 560 029 (REP. BY ITS DY. DIRECTOR). ... RESPONDENT
(BY SMT. GEETHA DEVI M.P., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 04.09.2018 PASSED BY THE INDUSTRIAL TRIBUNAL (E.I. COURT) BENGALURU IN ESI APPLICATION BO 06/2018 AT ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:4450 WP No. 45753 of 2018
ORDER
Learned counsel for the petitioner submits that the petitioner does not intend to prosecute the present petition and files a memo to that effect. The memo reads as under:
“The undersigned counsel for the Petitioner respectfully submits that the above Writ Petition is filed against the Labour Court (Industrial Tribunal). Bengaluru, order to deposit 50% of the demanded amount as per 45-A order of the Respondent, which was maximum amount as per the ESI Act.
It is further submitted that the regular ESI Court will order for depositing only 10% against the alleged demand of the Respondent. It is submitted that the Petitioner has not done any business activities after obtaining the ESI Registration and there was no need to pay any ESI contributions to the Respondent. Therefore, the Petitioner was forced to approach this Hon’ble Court and this Hon’ble Court was kind enough to reduce the deposit amount from 50% to 10%, pending disposal of the ESI Case in Labour Court.
It is submitted that the matter is posted for further arguments of both Petitioner and Respondent on 08.02.2024, and the matter would be posted for
Judgement in the next date on the Hon’ble Labour Court.
In view of the above, we request this Hon’ble Court to permit the Petitioner to withdraw the Petition and accordingly would request this Hon’ble Court to pass suitable order, the interest of justice and equity.”
petition is dismissed as withdrawn.
Sd/JUDGE
MBM
2 provisions across 2 enactments
M/S. K.K. Enterprises
Employees' State Insurance Corporation
K.S. Hemalekha
As recorded by the court registry
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