Telangana High Court

CMA/117/2023 of M/s. Rishi School, Vs Regional Director, on 31 December 2025

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR t.A.NO.1 0F 2025 IN/AND CIVIL MISCELLANEOUS APPEAL NO:117 OF 2023 Appeal Under Section 82 of E.S.l. Act., against the

l34a7 |

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR

t.A.NO.1 0F 2025

IN/AND

CIVIL MISCELLANEOUS APPEAL NO:117 OF 2023

Appeal Under Section 82 of E.S.l. Act., against the order dated.03.12 2022

passed in ElC.No. 10 of 2011 on the file of the Court of the Employees lnsurance Court -cum- lndustrial Tribunal - l, Hyderabad.

Between:

M/s. Rishi School, Rep by its Correspondent N. Srinivas Reddy, S/o. N Saidul Reddy, aged about 50 years, Occ: Business, R/o. '13-129, Peerzadiguda, Ghatkesar Mandal, Ranga Reddy District

..APPELLANT/PETITION ER

AND

.1 . Regional Director, ESI Corporation, Hill Fort, Adarshnagar, Hyderabad - 63

2, Deputy Director, ESI Corporation, Hill Fort, Adarshnagar, Hyderabad - 63.

3. Recovery Officer, ESI Corporation, Hill Fort, Adarshnagar, Hyderabad - 63

...RESPONDENTS/ RESPONDENTS

Between:

tvl/s. Rishi School, Rep. by its Correspondent N. Srinivas Reddy, S/o. N. Saidul Reddy, aged about 50 years, Occ: Business, Rlo. 13-129, Peerzadiguda, Ghatkesar Mandal, Ranga Reddy District PETITIONER/APPELLANT

AND

1. Regional Director, ESI Corporation, Hill Fort, Adarshnagar, Hyderabad - 63

2. Deputy Director, ESI Corporation, Hill Fort, Adarshnagar, Hyderabad 63.

3. Recovery Officer, ESI Corporation, Hill Fort, Adarshnaq;r Hyderabad - 63

-..RESPONDEI,I'S/ RESPONDENTS

Petitron under Section 151 CpC praying that in the cIc the affidavit filed in support of the petition, the High Court rr a the petrtroner to participate into the New Amnesty Schen e , the Respondent Corporation to settle the dispute rn betwe=

respondent corporation pending before this Hon,ble Court w t the matter in case the matter ts not settled in between pe:

corporation under the New Amnesty Scheme, 2025

rmstances stated in

y be pleased permit

2025 introduced by

r petitioner and the

r a libe(y to contest

ron and respondent

Petition under section 151 cpc praying thal in the c;r ( Jmstances stated rn the affidavit filed in support of the petition, the High cou trnay be pleased to dispense with the certrfred copy of the pleadings, depositicr; and documents as shown in the appendix of the evidence of the judgment dt (t: 12.2022, passed in E.l.C No.'1 0 of 2O17 , on the file of the Employees State rsurance court and chairman industrral tribunal 1 at Hyderabad.

I.A.NO: 2 OF 2023

lA NO: 4 OF 2O?.3

Petition under section 151 cpc praying that in the <;r ( umstances stated rn the affidavit filed in support of the petition, the High cou 1 rnay be pleased to condone delay of 1 1 days in firing the present appeal order I ,.sed in Elc. No.10

of 2017, daied.03.12.2022 on the file of the Hon'ble Emplol r(-.'s lnsurance court -cum -lndustrial Tribunal l, Hyderabad pending further orde :

Petition under Section 151 cpc praying that in the .i-, umstances stated rn the affidavit filed in support of the petition, the High court n i y be pleased to stay all further proceedings in pursuance of the order passed irr :lc. No..10 of 20i7, dated. 03.'12.2022 on the file of the Hon'ble Employee's lns r ance court -cum- lndustrial Tribunal -1, Hyderabad pending further orders.

Petrtion under Sectron 151 CpC praying that in the c r the affidavit filed in support of the petitron, the High Cou, permit the petrtioner to file additional grounds consequenfly of law as annexed to the petition in the main case.

Lrmstances stated in

may be pleased to

ubstantial q uestions

counsel for the Apperrant: Sri Viswanath yadav, represen:i rg sri. N Vinesh Raj Counsel for the Respondents: Sri Venugopal Reddy, reprr.: enting Sri Pasham Srinivasulu The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TT]LANGANA

AT HYDERABAD.

THE HON'BLE SRT.ITISTICE GADI PRAVEEN KUMAR

l.A.No.l of2025

I n/a nd

C.M.A. No.l l7 of 2023

Date of Ordt :31-12-2025

Betwecr.t

M/s.Rishi School

Appellant

{nd

I . Regional Director, ESI Corporation

Respondents

and two othcrs

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JUDGMENT:

. Heard Sri Viswanath Yadav, [earned counsel representing Sri N.Vinesh Raj, learned cottnsel lor tirc appellant and Sri Venugopal Reddy' learned counsel representing Sri l'asham Srinivasulu' leanled counsel appearing for respondents, and pcruscd the record'

2. The present Appeal is filed assailing the order dated O3J2'2022 passed by leamed the Employees lnsurance Court and Chairman' Industrial Tribunal-t at t{yderabad in disrnissing E I'C'No'1O of 2017 filed under Section 75(lXg) Er.nployces' State Insurance Act' 1948 (tbr shofl 'the Act') seeking to set aside the ot'det' passetl under Section 45-A of the Act I ,/ // i : i l i

passed by respondent No.2 and to declare that the appe lrnt is not liable to pav contributions to the respondents under the Act apar. i.orn releasing the attachurcnt dated 06.01.201 7

3. During pendency of rhe Appeal, thc appellan trled I.A.No,l ol 2025. wherein it rvas co.te.ded that the respondcr- -corporation has introduced New Amnesty Schemc, l0l5 to settle thc rl ;,ute betrveen the ESI ciorporation and rhe Ijrnploycrs rlled under Sectir r 75 and ti5 of the Act a.d the same came i.to etl-ect fiont 01.10.2[),: -l-herclbre, the appellant prays this (lourl to permit the appellant ro pa - t:ipate in the New. Amnestv Schenre,2025.

4. Lcarned counsel appearing lbr the respondents < id not dispute the saure and fairly subrnits that the appellant be permitted r r participare in the said Scheme and avail the benetlts ther.eunder.

5. In vierv of the above subnrission, this Courl decr s it appropriate to pcrrnit the appella,t to participate i. the New Amnestv I cher,e, 2025.

6. I.A.No.l of 2025 is allowed and the appellrr,t parlicipate in the New Amnesty Scherne. 2025. ls permitted to I I

-)

1. In the event of appellant not being successful in the participation ot' New Arnnesty Scheme, 2025, it is at liberty to avail appropliate retnedies open to it in lalv

8. It is made clcar that this Court has not expressed any opinion on thc nrerits ol- the matter

9. Subject to above observation and granting liberty AS atbresa id, C.M.A.No.l l7 ol'2023 is disPosed

10. ' Interirn orders granted, if any shall stand vacated. Miscellancous petitions pending if any shatt also stand closcd. There shall be no order as to costs. //TRUE COPY// SD/- K. SRINIVASA RAO JOINT REGISTRAR ,t'1A l'/ SECTION OFFICER To

2.

4. PS r D t The E^mployees lnsurance Court -cum- lndustrial Tribunal _ l, Hyderabad One CC to Sri. N Vrnesh Rai, Advocate IOPUCI One CC to SRl. Pasham Srinivasulu, Advocate iOpUCl Two CD Copres L

HIGH COURT DATED:31 11212025

JUDGMENT

l.A.NO.1 0F 2025 IN/AND CMA.No.117 of 2023 ALLOWING THE I.A. AND DISPOSING OF THE CMA

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