Guntur Municipal Corporation vs Employees State Insurance Corporation
2024 Latest Caselaw 869 AP

Andhra Pradesh High Court - Amravati

Guntur Municipal Corporation vs Employees State Insurance Corporation on 1 February, 2024

                                                                                  111

             HIGH COURT OF ANDHRA PRADESH : AMARAVATI

      MAIN CASE No. W.A.No.81 of 2024

                              PROCEEDINGS SHEET

Sl.   DATE                                   ORDER                                OFFICE
No.                                                                                NOTE

01. 01.02.2024
                                      I.A.No.1 of 2024
                         Requirement of filing the certified copy of the
                 order, dated 11.12.2023, passed in W.P.No.28682 of
                 2021, is dispensed with.

                         Accordingly, the Interlocutory Application is
                 disposed of.

                                     W.A.No.81 of 2024
                         Mr. Koka Satyanarayana Rao, learned counsel
                 for the appellant, is present.

                         Notice service is waived by Mr. K. Sangan
                 Naidu, learned Standing Counsel for Employees State
                 Insurance Corporation, appearing for respondent

No.1.

Notice service is waived by learned Government Pleader for Labour, appearing for respondent No.2.

The present Letters Patent Appeal has been preferred against the judgment and order dated 11.12.2023, whereby the petition filed by the Guntur Municipal Corporation/appellant herein was dismissed with liberty to the appellant/petitioner to avail the alternate remedy of appeal before the

(contd.)

HCJ & RRR,J

Sl. DATE ORDER OFFICE No. NOTE Employees' Insurance Court.

Learned counsel for the appellants would submit that the demand raised by the authorities under the Employees' State Insurance Act, 1948 pertained to a period between 2010 and 2014 when the Guntur Municipal Corporation was not at all covered under the provisions of the Act, inasmuch as no notice under Section 1(5) of the Act had been issued, which came to be issued only on 19.04.2023. It is therefore, stated that the entire basis for the demand raised by the authorities under the ESI Act was without jurisdiction.

It was urged that the learned single Judge without considering the aforementioned issue in its correct perspective had only relegated the appellant to the alternate remedy even without considering the aforementioned important legal issue.

Registry is directed to put up W.P.No.28682 of 2021 in the bundle.

List on 15.02.2024 along with W.A.No.80 of 2024.

In the meantime, demand pertaining to the period between 2010 and 2014, by virtue of the order impugned in the writ petition shall remain stayed.

DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J

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