WP/32515/2025 of DR Y S R LABOUR CONTRACT AND OUTSOURCING AGENCY Vs THE UNION OF INDIA on 30 November 2025

1. DR Y S R LABOUR CONTRACT AND OUTSOURCING AGENCY, KONDAVANDLAPALLI, H/O. HASANAPURA VILLAGE, RAMAPURAM MANDAL, ANNAMAYYA DISTRICT REP., BY ITS MANAGING PARTNER VASANTHA ANJANEYULU REDDY, S/O. V. RAMI REDDY, AGED ABOUT 48 YEARS.

...PETITIONER AND

1. THE UNION OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT BHAVISYA NIDHI,BHAWAN NO.14, BHIKAJI CAMA PLACE, NEW DELHI-110066

2. THE EMPLOYEE STATE INSURANCE CORPORATION, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, SUB- REGIONAL OFFICE,

D.NO.45-57/21/1, RR HOUSE, NARASIMHANAGAR, AKKAYAPALEM

HIGHWAY ROAD, VISAKHAPATNAM, REP., BY ITS PRINCIPAL SECRETARY.

3. THE REVENUE RECOVERY OFFICER, EMPLOYEE STATE INSURANCE CORPORATION, SUB-REGIONAL OFFICE, K.T. ROAD, TIRUPATHI, VARADARAJA NAGAR, TIRUPATHI DISTRICT-517501.

4. THE STATE BANK OF INDIA, ACB RAMAPURAM BRANCH, NH MAIN ROAD, RAMAPURAM, RAMAPURAM MANDAL, ANNAMAYYA DISTRICT-516504

...RESPONDENT(S):

JS,J W.P.No.32515/2025

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Order No.79.Q/790000402950001019, dated 11.11.2025 issued by the respondent No.3 under Section 45-G of the Employees State Insurance Act, 1948 directing the respondent No.4 to transfer forthwith an amount of Rs.33,87,216/- (Rupees Thirty Three Lakhs Eighty Seven Thousand Tow Hundred and Sixteen Only) from the account held by the petitioner Firm, as arbitrary, illegal, contrary to the provisions of the Employees State Insurance Act, 1948 and also the well established legal principles, apart from being violative of the fundamental rights being guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same and pass IA NO: 1 OF 2025 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 Pleased to grant stay of all further proceedings in pursuance of the Order No.79.Q/790000402950001019, dated 11.11.2025 issued by the respondent No.3, pending disposal of the above Writ Petition and pass Counsel for the Petitioner:

1. V R REDDY KOVVURI Counsel for the Respondent(S):

1. P RAJASEKHAR

2. JS,J W.P.No.32515/2025

The Court made the following ORDER:

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents.

Without going into merits of the case, the Writ Petition is disposed of by setting aside the impugned orders vide No.79.Q/790000402950001019, dated 11.11.2025, and by directing the petitioner to deposit 25% of the amount shown in the impugned order within two (2) weeks from the date of receipt of a copy of this order. On depositing such amount, the petitioner is permitted to file the appeal (original petition) under Section 75(1)(g) of Employees State Insurance Act, 1948 within two (2) weeks thereafter. Further, if the petitioner succeeds in the appeal, the respondents are directed to refund the 25% of the amount that is deposited by the petitioner within eight (8) weeks after the orders are passed. Failing which, the petitioner is entitled for 6% interest till the amount is realized. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM

Date: 01.12.2025 KAS

JS,J

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 32515/2025

Date: 01.12.2025 KAS