HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 27052 of 2006 DATED 14TH OCTOBER, 2014.
BETWEEN Alluri Narasimha Reddy ….Petitioner And Employees State Insurance Corporation, Hyderabad and ors.
… Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 27052 OF 2006
ORDER:
Heard the learned Counsel for the petitioner and learned Standing Counsel for respondents 1 and 2.
The petitioner is a contractor executing work orders entrusted to him by the third respondent. While so, the second respondent issued orders dated 8.10.2006 and 19.12.2006 stating that the petitioner is due of Rs.1,24,349/- and interest of Rs.81,336/- and cost of recovery of Rs.10.000/- payable under Section 39(a) of the ESI Act and the Chief Executive Officer of the third respondent was directed not to pay the said amounts to the petitioner until further orders. The short point involved in the Writ Petition is, whether the place where the organization of the third respondent is situated, i.e. in Ibrahimpatnam, Krishna District, is covered by the provisions of the ESI Act at the relevant point of time.
The learned Standing Counsel for respondents 1 and 2 filed a copy of the Notification dated 16.12.2009, which states that the Central Government appoints 1st January, 2010 as the date on which the provisions of Chapters IV, V and VI were brought into force in the area in question. In view of the same, the petitioner cannot be held liable for payment of arrears for the period prior to 01.01.2010 which are sought to be recovered under the Recovery Certificate dated 24.07.2001 and 22.02.2003 and therefore the respondents have no jurisdiction in view of the above notification.
The Writ Petition is accordingly allowed. Miscellaneous Petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
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JUSTICE A. RAMALINGESWARA RAO DATED 14TH OCTOBER, 2014.
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