High Court for State of TelanganaWP/40479/2017disposed of no costs

M/S. Sri Annapurna Engineering Works, v. The Employees State Insurance Corporation,

2017-12-07S.V.Bhatt2 pages

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.40479 OF 2017 ORDER:

Heard Mr C.Vikram Chandra, counsel for petitioner and Mr Pasam Srinivasulu, counsel for respondents 1 and 2. The petitioner aggrieved by the order of respondents, filed Appeal before the Employees Insurance Court-cum-Chairman, Industrial Tribunal-I, Hyderabad.

The petitioner in the instant writ petition challenges the order dated 16.11.2017 and operative portion reads thus: "The order dated 14.09.2016 is not challenged so far though one year is lapsed. Therefore, the claim of the petitioner at this stage after expiry of one year is not bonafide one as such the material on record goes to show that there are no reasons to waive the depositing of 50% of the amount before this Court while admitting the appeal. The petition is devoid of merits and liable to be dismissed. In the result, the petition is dismissed and the petitioner is directed to deposit 50% of the demanded amount within 15 days from the date of this order and on such deposit only register the main EIC if otherwise in order."

The learned Chairman having regard to the facts and circumstances has imposed the condition of deposit of 50% of the demanded amount within fifteen (15) days. I have perused the memorandum of grounds and also the reason stated in the writ affidavit. Having regard to the circumstances of the case, the order is modified as to deposit

25% of the demanded amount within fifteen (15) days from today. Now the order reads as follows:

"In the result, the petition is dismissed and the petitioner is directed to deposit 25% of the demanded amount within 15 days from the date of this order and on such deposit only, register the main EIC if otherwise in order."

The Tribunal considers disposing of appeal as expeditiously as possible preferably within six (06) months from the date of compliance of this condition. If the condition is not complied with, the appeal may be rejected.

Writ petition is accordingly disposed of. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

________________ S. V. BHATT, J 07.12.2017 dv