'ft. H APHC010306182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JULY I* TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15477 OF 2025 Between: M/s. SRI Chaitanya Childrens Academy High School, Employer Code No. 79000305950001302, Rep. by its Employer/Head Master, Delli Reddy, S/o. M. Arjun Reddy, Aged about 43 years, R/o. Prasanth Nagar Extension Madanapalli Town and Mandal, Annamayya District ...Petitioner AND 1. The Union Of India, Ministry of Labor and Employment Bhavishyanidhi Bhavan, 14 Bhikenji Cama Place, New Delhi - 110 066, Rep. by its Secretary. 2. The Employees State Insurance Corporation Ministry of labour and Employment, Government of India, Sub-Regional Office, 6-1-77/A, KT Road, Varadharaja Nagar, Tirupati, Chittoor District. ...Respondents 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 to issue an order, direction, writ, more particularly Writ of Certiorari calling all connected records including the impugned Proceedings in Ref.No.SRO/TPTY/INS/ 79000305950001302 dated 02.06.2025 in rejecting the appeal filed by the petitioner u/s 45AA of ESI Act, 1948 as illegal, improper, unjust, contrary to law, violative of Article 14 & 16 of the Constitution of India and Principles of Natural Justice and consequently set aside the order No.APIns.VI1/52-00-030595-000 - 1302, No.AP/lns.VII/52-00- cV 030595-0001302-1930, No.AP/lns.VII/ 52-00-030595- 1302 and SRO/TPTY/ 790003059500001302 dated 03.01.2012 05.06.2015, 25.04.2016 and 23.10.2017 and further stay of all further proceedings in No.AP/lns.VII/52-00- 030595-000 - 1302 dated 10.10.2023 Tirupati and pass. lA NO: 1 OF 2025 11.07.2024 of the Recovery Officer, 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 pursuant to the No.AP/lns.VII/52-00-030595-000-1302, No.AP/lns.VII/52-00-030595- 0001302- 1930, SRO/TPTY/790003059500001302 dated 03.01.2012, impugned order No.AP/lns.VI1/52-00-030595-1302 and 05.06.2015, 25.04.2016 and 23.10.2017 as well as the orders passed by the Recovery Officer No.AP/lns.VI1/52-00-030595-000-1302 in dated 10.10.2023, 11.07.2024 of the Recovery Officer, Tirupati, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K RAGHU VEER Counsel for the Respondents: SRI A RAVINDRA BABU (CENTRAL GOVT COUNSEL) The Court made the following Order: 7^ APHC010306182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15477/2025 Between: 1.SRI CHAITANYA CHILDRENS ACADEMY HIGH SCHOOL EMPLOYER CODE NO. 79000305950001302, EMPLOYER/HEAD MASTER REDDY, EXTENSION MADANAPALLI TOWN AND MANDAL, ANNAMAYYA DISTRICT REP. BY ITS DELLI REDDY, S/0. M. ARJUN AGED ABOUT 43 YEARS, R/0. PRASANTH NAGAR ...PETITIONER AND 1.THE UNION OF INDIA, MINISTRY OF LABOR AND EMPLOYMENT BHAVISHYANIDHI BHAVAN, 14 BHIKENJI CAMA PLACE DELHI - 110 066, REP BY ITS SECRETARY. NEW 2.THE EMPLOYEES STATE INSURANCE CORPORATION MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, SUB REGIONAL OFFICE, 6-1-77/A, KT ROAD, VARADHARAJA NAGAR, TIRUPATI, CHITTOOR DISTRICT. ...RESPONDENT(S): 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 to pleased to issue an order, direction, writ, more particularly Writ of Certiorari calling all connected records including the impugned Proceedings I 2 in Ref.No.SRO/TPTY/INS/ 79000305950001302 dated rejecting the appeal filed by the petitioner u/s 45AA of ESI Act, 1948 as illegal, improper, unjust, contrary to law, violative of Article 14 Constitution of India and Principles of Natural Justice and consequently set aside the order No.APIns.V11/52-00-030595-000 - 1302, No.AP/lns.VI 1/52-00- 030595-0001302-1930, No.AP/lns.VII/ 52-00-030595- 1302 and SRO/TPTY/ 790003059500001302 dated 03.01.2012 02.06.2025 in 16 of the 05.06.2015, 25.04.2016 and 23.10.2017 and further stay of all further proceedings in No.AP/lns.VI 1/52-00- 030595-000 - 1302 dated 10.10.2023, 11.07.2023 of the Recovery Officer, Tirupati and pass lA 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 to impugned order 00-030595- stay of all further proceedings in pursuant to the No.AP/lns.V11 /52-00-030595-000 1302, No.AP/lns.VII/52- No.AP/lns.VI 1/52-00-030595-1302 0001302-1930, SRO/TPTY/790003059500001302 dated 03.01.2012 and 05.06.2015, 25.04.2016 and 23.10.2017 as well as the orders passed by the Recovery Officer in No.AP/1 ns.V11/52-00-030595-000 - 1302 dated 10.10.2023, 11.07.2023 of the Recovery Officer, Tirupati, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.KRAGHU VEER Counsel for the Respondent(S): 1 .A RAVINDRA BABU (CENTRAL GOVT COUNSEL) The Court made the following ORDER: Heard Smt Y.Mahalakshmi learned counsel representing Sri K.Raghuveer, learned counsel for the petitioner, Sri K.Sangana Naidu, learned standing counsel for the 2"'' respondent. 2. The above writ petition has been filed impugning the proceedings of the Joint Director vide Ref.No.SRO/TPT/INS/79000305950001302, dated 3 02.06.2025, rejecting the appeal filed by the petitioner on the failure of the petitioner to comply with the mandate under Section 45AA of the Employees State Insurance Act, 1948 (for short “ESI Act”). 3. At the hearing, learned counsel for the petitioner, on instructions of the petitioner, would submit that the petitioner is ready to comply with the mandate under Section 45AA of the ESI Act. Learned Standing Counsel would submit that the petitioner filed the appeal with delay. 4. The statement made by the learned counsel for the petitioner is placed on record. Since the petitioner, intends to deposit the amount as per the mandate under Section 45 AA of the ESI Act, and the order impugned was passed due to failure of the petitioner to deposit the amount under Section 45 AA of the ESI Act, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of learned counsel on either side with the following directions; 5. i) The proceedings vide Ref.No.SROrrPT/INS/79000305950001302. dated 02.06.2025 (Ex.P.1) are hereby set aside subject to the petitioner depositing the amount as mandated under Sec 45 AA of the Act within two weeks from today. ii) On the petitioner depositing the amount within the time stipulated, the appeal filed by the petitioner stands restored. iii) Thereupon, the learned Appellate authority shall proceed and decide the appeal on merits, including the application to condone the delay in filing the appeal. The petitioner shall cooperate with the disposal of the appeal. 4 iv) The learned Appellate Authority may dispose of the appeal expeditiously as possible, preferably within four (4) months, v) There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. as Sd/- U. SPJDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Secretary, Union Of India, Ministry of Labor and Employment Bhavishyanidhi Bhavan, 14 Bhikenji Cama Place, New Delhi - 110 066. 2. The Employees State Insurance Corporation Ministry of labour and Employment, Government of India, Sub-Regional Office, 6-1-77/A, KT Road, Varadharaja Nagar, Tirupati, Chittoor District. 3. One CC to Sri. K Raghu Veer, Advocate [OPUC] 4. One CC to Sri. A Ravindra Babu (Central Govt Counsel) [OPUC] 5. Two CD Copies vna •« HIGH COURT DATED:15/07/2025 ORDER WP NO. 15477 OF 2025 ry S( 0 2 AUG 2025 I.' frrt to ^■^sseaisass^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS