Hon'ble Supreme Court in the judgment of fertilizers Chemicals Travencore Ltdd v. ESI Corporation, in the context of the exclusion of the ESI Act in its

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 operation of the Proceedings No. AP/lNS-1 1l 52-00-03671 5-000- 1303/105 & 104 dated 20-11-2013 and all the other consequential proceedings arising there of including the proceedings dated O8-1O-2O14 in File No. 5200036715000'1 303/1082014256 pending disposal of the above Writ Petition l.A. NO: 1 OF 2014(WVMP. NO: 3888 OF 2014 ) Between: 5-9-23, Hill Fort Road, Adarsh Nagar, Hyderabad - 63. '1 . The Employees State lnsurance Corporation, Rep. by its Regional Director, 2. The Employees State lnsurance Corporation, Rep. by its Deputy Director, 3. The Employees State lnsurance Corporation, Rep. by its Recovery Officer 4. The Social Security Officer, lnspection Office The Employees State lnsurance 5-9-23, Hill Fort Road , Adarsh Nagar, Hyderabad - 63. 5-9-23, Hill Fort Road , Adarsh Nagar, Hyderabad - 63. Corporation, Nampally Division, Nampally.,Hyderabad. AND ...PETITIONERS/RESPONDENTS 2to5 1 2 M/s. Shankarji Memorial Girls High School, Sponsored by the Exhibition Society, Represented by its Honorary Secretary and Correspondent Sri Allam Bal Reddy, S/o. Allam Durgaiah, Aged 72 years, Rio. 5-9-394 and 395, Gunfoundry, Hyderabad - 500 001. Exhibition Society, Exhibition Grounds, Hyderabad, Represented by its Honorary Secretary Sri P. Narotham Reddy, S/o. Sri P. Krishna Reddy, Aged about 59 years, Ri/o. Flat No.1 14, Ambience Fort, Attapur, Rajendranagar, Hyderabad.

3. The State of Telangana, Rep. by its Principal Secretary, Labour and Employment Department, Secretariat Buildings, Secretariat, Hyderabad ..,RESPONDENTSM/RIT PETITIONERS .....RESPONDENT/RESPONDENT No.1 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 t r iGrra.'. '!F- ' :':, .;f ."{ ,/ vacate the interim order dated 16-10-2014 in WPIIIP.No.38457 of 2O14 tn WP.No.30839 of 2O14 Counsel for the Petitioner: SRl. G. DHANANJAI Counsel for the Respondent No.'l: GP FOR LABOUR Counsel forthe Respondent Nos.2to5: SRI P. RAJASEKHAR The Court made the following: ORDER HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.3O839 of 2Ol4 ORDER: Petitioners challenged the Notification No.582 dated 14.10.2008 published in the A.P. gazette, and the consequential proceedings dated 20.11.2013. By virtue of the impugned notification and letter, the petitioner private nationalized institution was brought out of the fold of provisions of ESIC Act, 1948

2. Heard learned counsel for the petitioner and learned Government Pleader for labour. Perused the record

3. It is to be noted that the validity of impugned gazette notification vide G.O.Ms.No.582 dated I 4. 10.2OOB was the subject matter of consideration in W.P.No.6363 of 2OO9 ald batch. This Court by common order dated

06.10.2015 dismissed the writ petition by observing AS follows: "ft is an admitted fact that the petitioners seek to challenge the impugned notihcation which is in favour of their employees and in none of the writ petitions , empioyees who are to be benefited by the application of the ESI Act have been made as parties. The Hon'ble Supreme Court in the judgment of fertilizers & Chemicals Travencore Ltdd., v. ESI Corporation, in the context of the exclusion of the ESI Act in its application to the employees ciearly held that in such cases, the employees should be made either individually or in a representative capacity as parties to such proceedings, without which the court cannot adjudicate such issue. Moreover, the other High Courts i.e., the High Court of Jammu and Kashmir in the case of private Schools Coordination Committee v. State & Others l2OlL LAB.l.C.997l, High Court of Allahbad in Maharshi Shiksha Sansthan and Maharishi Vidya Mandir through its Principal v. State of U.P through Secretary, Labour and Employees State Insurance Act [2OO9 (U AWC 2671 have upheld the similar notifications, which is impugned in these u'rit petitions. The other decisions relied on by the learned counsel for the petitioners are not applicable to the facts and circurnstalces of the case on hand, as such, they have not been considered. In the light of the above factual matrix and the legal precedents, no case is made out by the writ petitioners warranting interference with the impugned G.O by exercising the power of judicial review under Article 226 of the Constitution of India. Accordingly, all the writ petitions are dismissed. However, it is open for the petitioners to hle applications for exemption as per the provision s of the Act. Since they stated that they have provided required medical facilities and it is for the competent authority to deal with the sarne, as per law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in these writ petitions, shall stand closed: 'f'.

4. In view of the decision rendered by this Court in W.P.No.6363 of 2OO9 and batch dated 06.10.20 15, this writ petition is liable to be dismissed.

5. Accordingly, this writ petition is dismissed. No costs.

6. Consequently, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed //TRUE COPY// S D /- T. VIJAY KUMAR UTY REGISTRAR ECTION OFFICER To, 1 2 One CC to SRl. G. DHANANJAT, Advocate [OPU Two CCs to GP FO Hyderabad [OUT]

3. One CC to SRl. P. RAJASEKHAR, Advocate [OPUC] 4. Two CD Copies R LABOUR ,High Court for the State of Telangana at BIV GJP {a' HIGH COURT DATED:31 10112025 K* ,J (J gOJ|JI M 2, Or a.-'/ rs ^,,', r c ii I :a-;,-.-:=r:;' ORDER WP.No.30839 of 2014 I DISMISSING THE WRIT PETITION WITHOUT COSTS q@<a\ Yr 4tu,