THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL Nos.383, 384, 385, 386, 387, 388, 402, 409 and
412 of 2020
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
Regard being had to the controversy involved in the
aforesaid cases, they were heard together and are being
decided by a common order.
The facts of W.A.No.383 of 2020 are reproduced as
under:
The present W.A.No.383 of 2020 is arising out of order
dated 02.09.2020 passed in W.P.No.14030 of 2020 by the
learned Single Judge directing the writ petitioner/appellant to
deposit 50% of the amount adjudicated by respondent No.2.
The facts of the case reveal that an order was passed against the appellant company by the Corporation in exercise of powers conferred under Section 45A of the Employees State Insurance Act, 1948 (for short, "the Act of 1948") and the same was subjected to an appeal before the appellate authority. In exercise of powers conferred under Section 75 of the Act of 1948, the appellate authority has dismissed the appeal by an order dated 06.08.2020 against which the writ petition has been preferred.
The order, which is on record, dated 06.08.2020 makes it clear that the order has been passed by the appellate 2 authority. The appellant's grievance is limited to the extent that the learned Single Judge has directed deposit of 50% of the quantified amount as quantified under Section 45A of the Act of 1948.
The Act of 1948 is a beneficial piece of legislation and, therefore, Section 75 of the Act of 1948 itself provides for a deposit of 50% of the quantified amount and the learned Single Judge has certainly passed the order in consonance with the statutory provisions as contained under the Act of 1948. This Court does not find any reason to interfere with the order passed by the learned Single Judge and, therefore, the writ appeals are dismissed. However, the learned Single Judge is requested to decide the present writ petitions and other connected writ petitions at an early date, preferably, within a period of two months from today.
It is needless to mention that this Court has not made observations on merits and the learned Single Judge shall decide the matter on merits without being influenced by the order passed by us today.
The miscellaneous petitions pending in these appeals, if any, shall stand closed. There shall be no order as to costs.
_____________________________ SATISH CHANDRA SHARMA, CJ _________________________ A.RAJASHEKER REDDY, J 25.10.2021 ES