Guntur Municipal Corporation vs Employees State Insurance Corporation
2024 Latest Caselaw 1052 AP

Andhra Pradesh High Court - Amravati

Guntur Municipal Corporation vs Employees State Insurance Corporation on 8 February, 2024

Author: R Raghunandan Rao

Bench: R Raghunandan Rao

                                                                3446 ]

     IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

            THURSDAY ,THE EIGHTH DAY OF FEBRUARY
               TWO THOUSAND AND TWENTY FOUR

                              PRESENT

     HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR

       THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

                   WRIT APPEAL NO: 120 OF 2024

Writ Appeal under clause 15 of the Letters Patent of Writ Appeal
Aggrieved by the order in WP No. 24967 of 2021 dated 11.12.2023 of
the Honble SRI JUSTICE RAVI CHEEMALAPATI on the file of the High
Court.

Between:
  1. GUNTUR MUNICIPAL CORPORATION, Rep.by its Commissioner
     Near Vegetable Market, Guntur

                                                     ...APPELLANT(S)
                                AND
  1. EMPLOYEES STATE INSURANCE CORPORATION, Rep. by the
     Regional Director D.No.48-7-32A, ESI Road, Gunadala,
     Vijayawada.
  2. The Assistant Director, The Assistant Director Employees State
     Insurance Corporation, D.N0.48-7-32A, ESI Road, Gunadala,
     Vijayawada.
  3. The State of Andhra Pradesh, Rep.by its Principal Secretary,
     Department of Labour and Employment, Secretariat, Amaravathi.

                                                      ...RESPONDENTS

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the orders in WP No. 24967 of 2021 dated 11.12.2023 and the Order of the 2nd Respondent in AP/RO/VJA /MEC/ 62000306960000999 /92020211059 DATED 20.09.2021 pending the writ Appeal No and pass Counsel for the Appellant(s): Sri. KOKA SATYANARAYANA RAO

Counsel for Respondent Nos.1 & 2: Sri K SANGAN NAIDU

Counsel for Respondent No.3: GOVERNMENT PLEADER FOR LABOUR

The Court made the following:

Mr. K. Sangan Naidu, learned Standing Counsel, waives notice for respondent Nos.1 & 2.

Notice service is waived by learned Government Pleader for Labour, for respondent No.3.

The present Letters Patent appeal has been preferred against the judgment and order, dated 11.12.2023, passed in W.P.No.24967 of 2021.

By virtue of the judgment and order impugned, the petition filed by Guntur Municipal Corporation was dismissed with liberty to the petitioner - appellant herein to avail the alternate remedy of appeal before the Employees' Insurance Court.

Learned counsel for the appellant would submit that in a similar case being W.A.No.80 of 2024, this Court had been pleased to stay the operation of the order impugned in the writ petition.

List on 15.02.2024 along with W.A.Nos.80 & 81 of 2024. In the meantime, the operation of the demand pertaining to the period between July, 2019 and July, 2020, by virtue of the order impugned in the writ petition, dated 20.09.2021, shall remain stayed.

DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J

Vjl