IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO : 119 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 27/09/2007 in WP NO : 27655 OF 2007 on the file of the High Court.) Between: Hindustan Petroleum Corporation Ltd. Visakh Refinery Represented by its General Manager-I/C, Malkapuram, Visakhapatnam. ..... APPELLANT AND 1 ESI Corporation Represented by its Director-General, New Delhi. 2 Joint Director, ESI Corporation, Door No. 14-20-27, 2nd Floor, Padmanabha Buildings, Gandhinagar, Vijayawada. 3 Recovery Officer, ESI Corporation, Door No. 14-20-27, 2nd Floor, Padmanabha Buildings, Gandhinagar, Vijayawada. .....RESPONDENT(S) Counsel for the Appellant:DR.P.B.VIJAY KUMAR Counsel for the Respondents: MR.B.G.RAVINDER REDDY The Court made the following : JUDGMENT: (Per Sri Anil R. Dave, CJ) Heard the learned Advocates. In our opinion, instead of filing writ petition, the present appellant could have very well approached the Employees’ Insurance Court. In that event, the appellant would have been asked to pay 50% of the amount, which was subject matter of the appeal, in view of provisions of Section 75 (2-B) of Employees’ State Insurance Act, 1948 (hereinafter referred to as ‘the Act’). We are of the view that merely because the appellant has filed a petition here, he may not be given a special treatment by permitting him not to deposit the amount, as prescribed under Section 75 (2-B) of the Act. In the circumstances, we do not see any reason to interfere with the discretion exercised by the learned Single Judge in the petition, which has been filed under Article 226 of the Constitution of India. The appeal is dismissed with no order as to costs. However, it is directed that W.P.No.27655 of 2005 be notified for hearing along with CMA No.51 of 2005, on 21.4.2008. The amount, as required to be deposited under Section 75 (2-B) of the Act by the appellant, is directed to be deposited within three weeks from today. ANIL R. DAVE, CJ NOOTY RAMAMOHANA RAO, J DATE: 25-02-2008 CVM