M/s Anupama Bar & Restaurant, v. E.S.I. Corporation
WP/27663/2014 · 2025-08-12
Sumathi Jagadam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24135 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24135 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 APHC010340742014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i * WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 27663 OF 2014 Between: M/s Anupama Bar & Restaurant rep. by its Proprietor, K.V.V.Nageswara Rao, S/o Sri Koteswara Rao, Hindu, aged: 53 years, Occ: Business, D.No.26-27-24, 0pp. Guru Hotel, Gandhi Nagar, Vijayawada, Krishna District. ...Petitioner AND
1.
E S I Corporation, rep. by its Regional Director, Regional Office, Panchdeep Bhawan, 5-9-23, Hill Fort Road, Hyderabad.
2. Deputy Director/Authorized Officer, Sub-Regional Office, E.S.I. Corporation, 14-20-27, Padmanabha Buildings, Gandhi Nagar, Vijayawada. ...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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action or things or deeds of the Respondents in demanding the Petitioner Firm to pay/contribute amount of Rs. 1,06,356/- and Rs.40,219/- to the E.S.I. Corporation towards the contribution of employees of M/s Anupama Bar & Restaurant from 01/01/2009 an
to 3Q-09-2012 and 01-10-2012 to 31-12-2013 respectively by passing an order m pt-opeedings No. AP/SROA/JA/lns. 11/62-00-016451-000-0009, dated 03-02- proceedings No. 62000164510000009/6122014510, dated 12-06-2014 under section 45-A of E.S.I. Act constitutional, arbitrary, against to the Principles of natural Justice, contra to the provisions of E.S.I. Act and violation of Articles 14, 19 and 21 of the Constitution of India and consequently declare that the Petitioner firm is not covered under E.S.I. Act, and further.
lA NO: 1 OF 2014(WPMP 34644 OF 2014 is illegal, irregular, un- 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 in proceedings No. AP/SRO/VJA/lns.ll/ 62-00-016451- 000-0009, dated 03-02-2014 and
order in proceedings No. 62000164510000009/6122014510, dated 12-06-2014 under section 45-A of E.S.I. Act passed by 2nd Respondent, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondent Nos.1 & 2: SRI K.SANGAN NAIDU The Court made the following order:
APHC010340742014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 27663/2014 Between:
1.M/S ANUPAMA BAR & RESTAURANT,, REP. BY ITS PROPRIETOR, K.V.V.NAGESWARA RAO, S/0 SRI KOTESWARA RAO, HINDU, AGED;
53 YEARS, OCC: BUSINESS, D.NO.26-27-24, OPP. GURU HOTEL, GANDHI NAGAR, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1.E S I CORPORATION REGIONAL OFFICE, PANCHDEEP BHAWAN, 5-9-23, HILL FORT ROAD, HYDERABAD. REP. BY ITS REGIONAL DIRECTOR
2. DEPUTY DIRECTOR/AUTHORIZED OFFICER, SUB-REGIONAL PADMANABHA CORPORATION, OFFICE, BUILDINGS, GANDHI NAGAR, VIJAYAWADA. E.S.I. 14-20-27 ...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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action or things or deeds of the Respondents in demanding the Petitioner Firm to pay/contribute an amount of Rs.1,06,356/- and Rs.40,219/- to the E.S.I. Corporation towards the contribution of employees of M/s Anupama Bar & Restaurant from 01-012009 to 30-09-2012 and 01-10-2012 to 31-12-2013 respectively by passing an order in proceedings No. AP/SROA/JA/lns.ll/62-00-016451-000-0009, dated 03-02- 2014 and order in proceedings No. 62000164510000009/6122014510, dated
2 JS.o W P.No.27633/2014 12-06-2014 under section 45-A of E.S.I. Act, is illegal, irregular, un constitutional, arbitrary, against to the Principles of natural Justice, contra to the provisions of E.S.I. Act and violation of Articles 14, 19 and 21 of the Constitution of India and consequently declare that the Petitioner firm is not covered under E.S.I. Act, and further and pass.
lA NO: 1 OF 2014(WPMP 34644 OF 2014 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 in proceedings No.AP/SROA/JA/lns.ll/ 62-00-016451-000- 0009, dated 03-02-2014 and
order 62000164510000009/6122014510, dated 12-06-2014 under section 45-A of E.S.I. Act passed by 2nd Respondent, pending disposal of the main Writ Petition and pass. Counsel for the Petitioner: proceedings No. in
1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S):
1.KSANGAN NAIDU The Court made the following
3 JS.J W.P.No.27633/2014
ORDER:
Learned counsel for the petitioner submits that the cause in the writ petition does not survive for adjudication. Recording the submission of learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.
Sd/-KTATA RAO DEPin'^ RES'iSTRAR //TRUE COPY// To, NARASIMHA RAO GUDISEVA Advocate [OPUC]
2. One CC to* SRI. KSANGANNAIDU Advocate [OPUC]
3. Two CD Copies.
1. OneCCto SRI AL
HIGH COURT DATED:13/08/2025
ORDER WP NO. 27663 OF 2014 USEP2D25 ^ . Current Section DISMISSING THE W.P. AS INFRUCTUOUS, WITHOUT COSTS