M/S Balaji Zippers Pvt Ltd vs The State Of Telangana
2021 Latest Caselaw 2969 Tel

  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

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