Telangana High Court

WP/24071/2004 of M/s Sri Seetharamanjaneya Gas Co/. Vs The Asst.Director on 27 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24071 of 2004 Between: M/s Sri Seetharamanjaneya Gas Co/. Rep. by its Proprietrix

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 24071 of 2004

Between:

M/s Sri Seetharamanjaneya Gas Co/. Rep. by its Proprietrix Smt.M.Prasuna W/o.Nageswara Rao 73-13-9, A.V.Appa Rao Road Rajahmundry (E.G.District)

..... PETITIONER

AND

1 The Asst.Director Employees State Insurance Corporation Sub Regional Office Padmanabha Buidlings, Gandhi Nagar Vijayawada-520 003.

2 The Recovery Officer Employees

State Insurance Corporation Sub Regional Office Padmanabha Buidlings, Gandhi Nagar Vijayawada-520 003.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto declare the action of the Respondents herein by issuing a writ of Mandamusthat the action of the Respondent No.2 in issuing the order in his proceedings No.AP/SRO/VJA/PRO/62/Q/27228-43/04, dt.18.10.2004 ashighly illegal, arbitrary and violative of the principles of natural justice andconsequently direct the respondents to drop all further proceedings pursuant tothe said order.

Counsel for the Petitioner: MR.B.GAJENDER REDDY

Counsel for the Respondents: MR.B.G.RAVINDRA REDDY (S.C.for E.S.I.)

The Court at the admission stage, made the following :

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ORDER:

When the petitioner failed to pay the arrears due under the Employees’State Insurance Act, in respect of Recovery Certificate dated 08-11-1999, 12-04-2000 & 17-10-2002, issued basing on the observation of the InsuranceInspector of the Employees’ State Insurance Corporation in Memo dated 18-06-2002, the present impugned order dated 18-10-2004 is passed by the 1[st]respondent. Challenging the same, the present writ petition has been filed.

2. The learned counsel for the petitioner-company contended that thepetitioner-company is nothing to do with the Company viz., Sri SeethaRamanjaneya Carbonic Acid Gas Manufacturing Company run by its ProprietorM.Nageswara Rao with his Code No.S2-3072-96, for which a show causenotice dated 12-10-2004 was issued.

3. The learned standing counsel for the respondents contended that thejurisdiction of the issuing authority of the proceedings dated 18-10-2004 is notunder challenge and that a statutory appeal is provided under the Employees’State Insurance Act, 1948 and therefore, the petitioner has to avail that remedyin stead of filing the present writ petition.

4 . Since the jurisdiction of the impugned proceedings is not underchallenge and it is only a consequential order in pursuance of the RecoveryCertificate dated 08-11-1999, 12-04-2000 and 17-10-2002, I am of the considered opinion that the writ petitionis devoid of merit and is dismissed, with a liberty to the petitioner to file anappeal before the competent authority as provided under the Act within a periodof two weeks from the date of receipt of a copy of this order.

5 . Accordingly, the writ petition is dismissed with the above saidobservation. In the circumstances, there shall be no order as to costs.

___________________ December

Kvr

TO

1 The Asst.Director, Employees’ State Insurance Corporation Sub Regional Office, Padmanabha Buidlings, Gandhi Nagar Vijayawada-520 003.

2 The Recovery Officer, Employees

State Insurance Corporation Sub Regional Office, Padmanabha Buidlings, Gandhi Nagar Vijayawada-520 003.

3 Two C.D. Copies.

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