Order vs Pleader For Labour
2022 Latest Caselaw 5012 AP

       THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI


                 WRIT PETITION No.1733 of 2011
ORDER:

This writ petition, under Article 226 of the Constitution of

India, is filed for issuance of Writ of Mandamus declaring the

notification issued by respondent No.1 vide G.O.Rt.No.1887,

Labour Employment, Training and Factories (IMS) Department,

dated 26.09.2008, published in Andhra Pradesh Gazette, Part-I

Extraordinary No.582, dated 14.10.2008 and the consequential

notice visit note, dated 10.11.2010 issued by the Insurance

Inspector of the office of respondent No.2 as illegal and arbitrary.

2. Heard learned counsel for the petitioner, learned Government

Pleader for Labour, for respondent No.1 and learned standing

counsel for respondent No.2.

3. When the matter is taken up for hearing, learned counsel for

the petitioner submitted that the issue involved in this matter is

covered by judgment, dated 16.03.2016 passed in W.A.No.200 of

2016 and batch whereby Division Bench of the 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.

4. Therefore, this Writ Petition is dismissed in view of the

judgment dated 16.03.2016 passed in W.A.Nos.200 of 2016 and

batch leaving it open to the petitioner to apply to the competent

authority to grant appropriate relaxation/exemption. If such an

application is made, it is open to the competent authority to

examine the said request strictly in accordance with the provisions

of the ESI Act. No costs.

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

________________________________ JUSTICE SUBBA REDDY SATTI Date : 04.08.2022 ikn

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.1733 of 2011 Date : 04.08.2022

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