Telangana High Court
CMA/274/2023 of The Employees State Insurance Corporation Vs St. Gabriels High School on 8 September 2026
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR WP.Nos.3f 358 OF 2023 & CMA.Nos.274OF 2023 WP NO: 31358 OF 2023 Between: M/s. St. Gabriel High
13487l
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE EIGHTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR
WP.Nos.3f 358 OF 2023 & CMA.Nos.274OF 2023
WP NO: 31358 OF 2023
Between:
M/s. St. Gabriel High School, Rep. by its Principal and correspondent Anthony Polisetti, Fatimanagar, NIT post Kazipet, Warangal-506 004.
...PETITIONER
AND
'l . Employees State lnsurance Corporation, Rep. by its Regional Director, 5-9-23, Hill Fort Road, Hyderabad-63.
2. The Assistant Director, Employees State lnsurance Corporation 5-9-23, Hill Fort Road, Hyderabad-63.
...RESPONDENTS
Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent passed under section 45-A of the ESI Act in No. TS/lNS-ll/5200-032082-000-1303, dated. 05-09-2023/05-10-2023 as contrary to the principles of natural justice, arbitrary, illegal, without jurisdiction and unenforceable in Law
l.A. NO: 1OF 2023
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 stay of all further proceedings in pursuance to the 2nd respondent order in No. TS/lNS-ll/5200- 032082-000-1303, dated. 05-09-2023/05-10-2023 pending disposal of the main writ petition.
LA. NO: 1OF 2024
Between:
1. Employees State lnsurance Corporation, Rep. by its Regional Director, 5-9-23, Hill Fort Road, Hyderabad-63.
2. The Assistant Drrector, Employees State lnsurance Corporation 5-9-23, Hill Fort Road, Hyderabacl-63.
...PETITIONERS
AND
M/s. St. Gabriel High School, Rep. by its Principal and correspondent Anthony Polisetti, Fatimanagar, NIT post l"iazipet, Warangal-506 004.
...RESPONDENT
Petition under Ser;tion 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to VACATE the interim Orders Daled 0,112.2023 in l.A No.1 ow 2023 in W.P No. 31358 of 2023 and DISMISS the Writ Petition with exemplary costs.
Counsel for the Petitioner: SRI KOKA SATYANARAYANA RAO
Counsel for the Respondents: SRI RAVINDER REDDY MUPPU
CMANO: 274OF2023
Appeal Under Section 82 of ESI Act, against orders to allow the C.tt/.A of 2023 by setting aside the Order dated 10.04.2023 passed in ETC 36 of 2018 on the flle of Employees lnsurance Court and Chairman, lndustrial Tribunal -l at Hyderabad.
Between:
1. The Employees rstate lnsurance Corporation, Rep. by its Regional Director Hill Fort Road, Hyderabad.
2. Deputy Director, Employees State lnsurance Corporations Hill Fort Road, Hyderabad
..Appellants/Respondents
AND
St. Gabriels High School, Fatimanagar, NIT Post, Warangal, Rep, by its Correspondent, Elrother P.T. Joseph, S/o Thomas , Res ponde nUPetitio ne r !'tlt!i-
l.A. NO: 1 OF 2023
Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the Material Papers Pl to P13 and Ex R.1 to Ex R.6 other than the Certifled copy for the present C.M.A.
l.A. NO: 2OF 2023
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 orders passed by the Hon'ble Employees lnsurance Court and Chairman, industrial Tribunal-1 at Hyderabad in ElC.No.36 of 2018 dated 10.04.2023, pending disposal of the CMA of 2023.
Counsel for the Appellant: SRI G. VENKATESHVARLU (SC FOR ESIC)
Counsel for the Respondents: SRI KOKA ilTYANARAYANA RAO
The Court made the following: ORDER
IN THE H]IGH COURT FOR THE STATE OF TELANGANA
AT ITYDERABAD,
THE HON'BLE SRI JUSTICE GADI PRAVEEN KUMAR
WRIT PETITION No.31358 of 2023
(CNR.No.HBHC0l 0572302023)
AND
CI.L MISCELLANEOUS APPEAL No.274 of 2O23
(CNR.No.HBH C01026s1 62023)
Date: 08-09-2026
W.P.No.31358 of 2023
Between 3
M/ s.St.Gabri,:l High School
Petitioner
AND
Employees State Insurance Corporation and alother
....Rcspondents
C.M.A.No.27,+ of 2023
Between i
-
Employe:s State Insurance Corporation and another
AND
-..appel1ants.
M/s.St.Gabri,:l High School
....Respondent.
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ORDER:
Heard Sri Koka Satyanarayana Rao, learned counsel for the petitioner in W.P.No.31358 ol 2023 and respondent in C.M.A.No 274 of 2023, and Sri Ravinder Reddy Muppu, learned cou:esel for the respondents in W.P.No.3I358 of 2023; and Sri Divya Adepu, learned counsel for the appeliants irL C.M.A.No.274 of 2023.
2. W.P.Nc,.31358 ol 2023 is filed seeking the following relief: ". ...1o issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the aotion of the 2nd respondent passed under Sectlon 45- -
A of the ESI Act vide proceedings No.TS/lNS II/5200 032082 000 1303, dated 05.O9.2023105.10.2023, as contrary to the principles of natural justice, arbitrarjr, illegal, without jurisdiction arld unenforceable in law, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. C.M.A.No.274 of 2023 is filed assailing the order dated 10.04.2023 passed in E.i.C.No.36 of 2O18 by the iearned Employees' insurance Court-cum- Chairman, Industrial Tribunal-I, Hyderabad.
4. After hearing the learned counsel for the parties at considerable length, learned counsel for the petitioner in W.P.No.3 1358 of 2O23 submitted that they intend to avail the benefit of the ESI Scheme. Learned counsel for the respondents in W.P.No.31358 of 2023, in order to provide an opportunity to resolve the grievances raised in the present proceedings, raised no objection for the same.
5. In view of the above submission, rvithout expressing any opinion on the merits of the respective cases, this Court grants liberty to the petitioner in W.P.No.31358 of 2023 to avail the benefit of the ESI Scheme, which is stated to be available only up to the end of the present month. The concerned authorities are directed to consider the application, if any, -fE.r-rj|z4Fi!t'
submitted under the said Scheme and dispose of the same in ar:cordance with 1aw, after providing an opportunity of hearing.
6. Accorclingly, W.P.No.31358 of 2023 and C.M.A.No.27'4 of 2A23 are disposed of. The interim orders, if any, granted in these proceedings sha11 starrd vacaterd. There shall be no order as to costs. 7 . Conserluently, all pending miscellaneous petitions, if rmy, shali stand closed. /ffRUE COPY// SD/- A.V.S.PRASAD o=ru*f.:ls_rBAf To, SECftON OFFICER 1 . The Regional Di'ector, Employees State lnsurance Corporation, 5-9-23, Hill Fort Road, Hyderaba,J-63.
2. The Assistant Director, Employees State lnsurance Corporation 5-9-23, Hill Fort Road, Hyderaba,J-63.
3. The Correspondr:nt, Brother P.T. Joseph, S/o Thomas St. Gabriels High School, Fatimanagar, Nl-l- Post, Warangal,
4. One CC to SRI G. VENKATESHVARLU (SC FOR ES|C) IOPUC]
5. One CC to SRI K.OKA SATYANARAYANA RAO, Advocate [OPUC]
6. One CC to SRI FIAVINDER REDDY wUPPU, Advocate [OPUC]
7. Two CD Copies BN TKS
CC TODAY HIGH COURT DATED: 0810912026
ORDER
WP.Nos.31358 OF 2023 & GMA.Nos.274 OF 2023 locyr,:
1. ?
:---\" iE C:-: i) 1 S SEP zUZ$ l):l .t ,s _;- DISPOSTNG OF THE WRIT PETITION & DISPOSING OF THE C.M.A., WITHOUT COSTS tL\c\ub