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High Court of Andhra Pradesh · body

2025 DAILYLAW 28597 (AP)

Mrs.A.Bharati Devi, v. Union of India,

WP/20819/2025 · 2025-08-17

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010406732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20819/2025 Between: Mrs.A. Bharati Devi, and another ...PETITIONER(S) AND Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. P RAMABHOOPAL REDDY Counsel for the Respondent(S): 1. V CH NAIDU 2. A RAVINDRA BABU (CENTRAL GOVT COUNSEL) The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.20819 of 2025 O R DE R: The present Writ Petition is filed aggrieved by the inaction of the Respondents on the representations of the Petitioners dated 17.06.2025, 11.10.2017 and 25.08.2018 and 29.07.2024 issued to the Respondent Nos. 3 to 5 as illegal and arbitrary. 2. The Petitioners are the dependants of late A. Ramesh, who died while working under Respondent No.4. The deceased A. Ramesh was covered under Employees State Insurance Act, 1948 ( for short ‘ESI Act’). The Petitioners filed E.I.C.No.28 of 2012 before the Employees Insurance Court & Chairman, Industrial Tribunal-I at Hyderabad, seeking to extend the benefits under Section 52 of the E.S.I Act. The Designate Court vide Orders dated 08.08.2017 allowed the E.I.C.No.28 of 2012 and the operative portion of the said Order at paragraph No.19 reads as under: “ ISSUE NO.4: RESULT: In the result, the EIC No.28 of 2012 is allowed, with costs, and the Respondents 1 to 3 are directed to extend the dependant’s benefit in favour of the Petitioners as contemplated 3 under Section 52 of the E.S.I Act and the Orders passed by the Respondent No.3 under Ex.P.6 dated 16.01.2012 are hereby quashed as illegal”. 3. Though the case filed by the Petitioners was allowed, the benefits were not being extended in terms of the Order of the Court, and hence, the present Writ Petition is filed. 4. Considering that the issue of extension of benefits to the Writ Petitioners was extended by the Designated Court in E.I.C.No.28 of 2012 vide Orders dated 08.08.2017, the Respondent Nos. 1 to 3 are directed to consider the representations of the Petitioners and extend the benefits forthwith. 5. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 18.08.2025 eha 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20819/2025 Dt. 18.08.2025 eha