President, St. Mary Educational ... vs Secy, Labour Employement Dept, ...

Citation : 2022 Latest Caselaw 4359 AP
Judgement Date : 21 July, 2022

Andhra Pradesh High Court - Amravati
President, St. Mary Educational ... vs Secy, Labour Employement Dept, ... on 21 July, 2022
Bench: Subba Reddy Satti
       THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
                 WRIT PETITION No.36207 of 2014
ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed for issuance of Writ of Mandamus declaring the G.O.Rt.No.1887, Labour Employment, Training and Factories (IMS), dated 26.09.2008, published in Andhra Pradesh Gazette No.582, Part I, Extraordinary, dated 14.10.2008 as final notification and consequential proceedings, dated 27.06.2014 and 18.03.2014 issued by respondent No.2 to the petitioners respectively directing them to register their schools under ESI Act in pursuance of the impugned GO of respondent No.1 as arbitrary, illegal, etc. and consequently to set aside letters, dated 27.06.2014 and 18.03.2014 issued by respondent No.2 in pursuance of G.O.Rt.No.1887.

2. Heard Sri S.V.Muni Reddy, learned counsel for the petitioners and learned Government Pleader for Labour, appearing for the respondents.

3. When the matter is taken up for hearing, learned Government Pleader for Labour submitted that this matter is covered by order, dated 16.03.2016 passed in W.A.No.200 of 2016 and batch whereby Division Bench of Composite High Court upheld the judgment of learned Single Judge wherein it was held that the provisions of the Employees State Insurance Act, 1948 are validly extended to educational institutions and therefore, there is no illegality in the impugned notification. Learned Government 2 Pleader placed copy of said order before this Court and the same was endorsed by learned counsel for the petitioners.

4. Therefore, this Writ Petition is dismissed in view of the order, dated 16.03.2016 passed in W.A.Nos.200 of 2016 and batch leaving it open to the petitioners to apply to the competent authority to grant appropriate relaxation/exemption. No order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

________________________________ JUSTICE SUBBA REDDY SATTI Date : 21.07.2022 ikn 3 THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.36207 of 2014 Date : 21.07.2022 ikn