M/s.Guntur District Milk Producers v. The Principal Secretary

A.P.S.R.T.C, as requested by the S.R.O., issued a letter dt.12.3.2009 to the 2nd respondent confirming the distance as 15 kms. It is also stated the 2nd respondent convened a meeting on 09.09.2009 wherein it was decided that they are going to establish a dispensary within 8 kms from the petitioner-Union and forwarded the recommendation to the 1st respondent for necessary orders. Then, the petitioner made representations dated 10.07.2009 & 23.7.2009 to the 1st respondent requesting to grant E.S.I. exemption under Section 90 read with 91 of the Act, taking into consideration the distance factor, but it is the grievance of the petitioner that the 1st respondent negatived the request of the petitioner on the ground that all the employees, numbering 82, covered under the provisions of the E.S.I. hail from Tenali and attached to the Dispensary at Tenali and there is no need to grant exemption. Heard the learned counsel for the petitioner and the learned Government Pleader for Labour appearing for the respondents and perused the material placed on record. Having heard the learned counsel for both the parties and having regard to the facts and circumstances of the case, and since the representations dated 10.07.2009 and 23.07.2009 said to have been filed by the petitioner are pending consideration before the 1st respondent, this Court, without going into the merits of the case, is inclined to dispose of the writ petition with the following directions: “The respondents are directed to consider the representations dated 10.07.2009 & 23.7.2009 said to have been made by the petitioner, and pass appropriate orders thereon, in accordance with law, expeditiously.” Accordingly, the writ petition is disposed of. 16th September, 2009 Note: Furnish copy by tomorrow B/o _______________ N.V. RAMANA, J.