IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 W.A.No.2217 of 2008 ----------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WP(C).24719/2008-P, DATED 14/08/2008 .................... APPELLANT: PETITIONER:- ---------------------------------------- SETH RAM BAHADUR SINGH GUJARATI COLLEGE, GUJARATI ROAD, COCHIN 682 002, REPRESENTED BY ITS MANAGER, VISWANATH AGARWAL. BY ADV. SRI.GOVINDH K.BHARATHAN (SR.), SRI.C.P.KUNHIKANNAN SRI.MADHU.S.K. RESPONDENTS: RESPONDENTS:- ---------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH, CENTRAL SECRETARIAT, NEW DELHI-110 001. 3. EMPLOYEES' STATE INSURANCE CORPORATION, REPRESENTED BY ITS DIRECTOR, PANCHADEEP BHAVAN, CLG ROAD, NEW DELHI 110 002. 4. THE ASSISTANT DEPUTY DIRECTOR, EMPLOYEES' STATE INSURANCE CORPORATION, REGIONAL OFFICE (KERALA), PANCHADWEEP BHAVAN, ROUND NORTH, THRISSUR 680 020. W.A.NO.2217 OF 2008 - 2 - 5. THE MANAGER, EMPLOYEES' STATE INSURANCE CORPORATION, BRANCH OFFICE, FORT KOCHI. 6. THE INSURANCE INSPECTOR, EMPLOYEES' STATE INSURANCE CORPORATION, THOPPUMPADY DIVISION, COCHIN. R1 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R2 BY ASST.SOLICITOR GENERAL OF INDIA SRI.P.PARAMESWARAN NAIR. R3 TO R6 BY STANDING COUNSEL SRI.P.SANKARANKUTTY NAIR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. ---------------------------------------------- W.A.No.2217 of 2008 ---------------------------------------------- Dated, this the 19th November, 2008 JUDGMENT H.L.Dattu, C.J. In this appeal, the appellant is calling in question the correctness or otherwise of the orders passed by the learned Single Judge, declining to grant the interim relief sought for by him in the writ petition. (2) In the writ petition filed, the petitioner has called in question the notification issued by the State Government dated 8.10.2007 and also the notice issued by the E.S.I. Corporation, directing him to comply with the terms and conditions of the notification. The learned Judge, while admitting the writ petition, has declined to grant the interim relief sought for by the petitioner. That is how the writ petitioner is before us in this Writ Appeal. (3) The notification issued by the State Government and the notice issued by the E.S.I. Corporation are the subject matter of the writ petition. The learned Single Judge has not expressed any opinion on the legality or otherwise of the notification, nor has he said anything with regard to the correctness or otherwise of the notice issued by the E.S.I. W.A.No.2217 of 2008 - 2 - Corporation. He has only admitted the writ petition, but, during the pendency of the writ petition, has declined to grant any interim relief. (4) In our opinion, the order passed by the learned Single Judge, refusing to grant an interim order, is a discretionary order and unless it is demonstrated by the appellant, that, the refusal to grant the interim relief would cause irreparable loss and substantial injury, appellate court is not expected to interfere with the discretionary order passed by the learned Single Judge. (5). In our view, in matters of this nature, it would be appropriate for the petitioner to make a request before the learned Single Judge before whom the matter is pending for an out of turn hearing (6) In view of the above, while disposing of the Writ Appeal, we pass the following:- ORDER i) Writ appeal is disposed of. ii) The contesting respondents are directed to file their counter affidavits, if any, in the writ petition within four weeks time from today. iii) Liberty is reserved to the appellant/petitioner to make appropriate application before the learned Single Judge for an out of turn W.A.No.2217 of 2008 - 3 - hearing of the writ petition. If and when such an application is made, we request the learned Single Judge to consider the same. iv) All the contentions of both the parties are left open. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-