M/S St. Vincents De Paul English vs The Union Of India,
2022 Latest Caselaw 7302 AP

      THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
                WRIT PETITION No.18 of 2014
ORDER:

Petitioner seeks Writ of Mandamus, for the following relief:

"To declare the final notification publish in part I

Extraordinary issue of A.P.Gazette No.582, dated 14.10.2008,

Labour Employment, Training and Factories Department, as

illegal, arbitrary and violative of Articles 14 and 19(1)(g) of the

Constitution of India"

2. Heard Sri Hanumantha Rayudu, learned counsel for the

petitioner, learned Government Pleader for Labour for the 2nd

respondent and learned Standing Counsel for the 3rd

respondent.

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

Government Pleader for Labour submitted that 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.

Learned Government Pleader placed copy of said order before

this Court and the same was endorsed by learned counsel for

the petitioner.

4. Accordingly, the 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 Employees State Insurance Corporation Act. No

costs.

As a sequel, pending miscellaneous petitions, if any, shall

stand dismissed.

________________________________ JUSTICE SUBBA REDDY SATTI

Date : 22.09.2022 KA

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.18 of 2014

Date : 22.09.2022 KA