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 22ND OCTOBER 2008 / 30TH ASWINA 1930 W.A.No. 2033 of 2008 ------------------------------ AGAINST THE ORDER IN IA 9814/2008 IN WPC.19163/2008 DATED 30/07/2008 .................... APPELLANT/PETITIONER: ------------------------------------- THE CHINMAYA VIDYALAYA, KALATHARA ROAD, KANNAMALLY POST, KOCHI-8, REPRESENTED BY ITS MANAGER, R.V.JOSHI. BY ADV. SRI.GOVIND K.BHARATHAN (SR.) & ADV.SRI.C.P.KUNHIKANNAN 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, PANCHDEEP BHAVAN, CLG ROAD, NEW DELHI-110 002. 4. THE ASSISTANT DIRECTOR, EMPLOYEES' STATE INSURANCE CORPORATION, REGIONAL OFFICE (KERALA), PANCHADWEEP BHAVAN, ROUND NORTH, THRISSUR-680 020. R1 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R2 BY ASST. SOLICITOR GENERAL SRI.P.PARAMESWARAN NAIR R3 & R4 BY STANDING COUNSEL SRI.P.SANKARANKUTTY NAIR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. -------------------------------------------------------- W.A.No.2033 of 2008 ------------------------------------------------------ Dated, this the 22nd day of October, 2008 JUDGMENT H.L.Dattu, C.J. In this writ appeal, the appellant calls in question the correctness or otherwise of the order passed by the learned Single Judge, declining to grant the interim relief sought for by them in I.A.No.9814 of 2008 in W.P.(C) No.19163 of 2008 dated 30th July, 2008. (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 them 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.2033 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 refusal to grant an interim order passed by the learned Single Judge 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. W.A.No.2033 of 2008 3 iii) Liberty is reserved to the appellant to make an appropriate application before the learned Single Judge for out of turn 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 vns