APHC010174902019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 270/2021 Between: 1. VIVEKANANDA DEGREE COLLEGE,, REP. BY ITS PRINCIPAL, CORRESPONDENT & SECRETARY, ARAVINDA NAGAR, NELLORE P.RADHA KRISHNA, AGED ABOUT 62 YEARS, R/O.ARAVINDA NAGAR, NELLORE ...APPELLANT AND 1. THE JOINT DIRECTOR, ESI CORPORATION, GANDHINAGAR, VIJAYAWADA 2. ESI INSPECTOR, ESI HOSPITAL COMPOUND, PODALAKURU ROAD, NELLORE ...RESPONDENT(S): Appeal is filed under Section 81 of the Employees’ State Insurance Act, 1948, against the judgment and decree dated 22.02.2019 passed by The Employees State Insurance Court-cum-Chief Judicial Magistrate, Nellore, in dismissing E.S.IO.P.No.38/2012. Counsel for the Appellant: 1. C SUBODH Counsel for the Respondent(S): 1. U.R.P. SRINIVAS The Court made the following: 2 CGR, J. CMA No.270 of 2021 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Civil Miscellaneous Appeal No.270 of 2021 JUDGMENT: Heard Sri C.Subodh, learned counsel for the appellant and Sri V. Kalyan, learned counsel, representing Sri U.R.P. Srinivas, learned Standing Counsel for ESI Corporation/respondents. 2. This appeal is preferred under Section 82 of the Employees’ State Insurance Act, 1948 (for short, “the ESI Act”), assailing the judgment and decree, dated 22.02.2019, passed in E.S.I.O.P.No.38 of 2012 on the file of the Employees State Insurance Court-cum-Chief Judicial Magistrate, Nellore (for short, “the Special Court”). 3. Appellant is educational institution. It was initially issued a notice, dated 26.07.2011, as to why it be not treated as an establishment falling under the provisions of the Act and contributions be not collected. The same was contested, and eventually an order came to be passed holding that the appellant falls and qualifies to be an establishment within the meaning of Section 1(4) of the Act and since it was engaging more than 20 employees, it was assessed with the demand. Assailing the same, appellant has preferred ESI OP No.38 of 2012, under Section 75(2)(b) of the Act. It was canvassed that the provisions of the Act would not apply to the educational institution and further that the threshold number of 3 CGR, J. CMA No.270 of 2021 employees were not engaged by it, therefore, even otherwise, there was no requirement of it being assessed with any ESI. The Special Court has ultimately upheld the order passed by the original authority by holding that the Act applies even to educational institutions and further, on appreciation of evidence, it found that the appellant had engaged more than 20 employees, therefore, it was liable to pay the contribution, which otherwise, were not paid. Assailing the same, the present appeal is preferred. 4. Learned counsel for the appellant submits that insofar as first legal submission of applicability of the Act to the educational institution, is now fairly settled and the said issue no longer survives and insofar as payment of contributions for the past period and present, is concerned, as the respondent Corporation has come up with a Scheme called “the New Amnesty Scheme, 2025”, which also deals with the nature of present cases, which are pending under Section 82 of the Act, appellant is taking steps to avail the same, therefore, liberty be granted to pursue the same. 5. Accordingly, granting such liberty, the appeal stands closed. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any in this case, shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:14.10.2025. cs