IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 8036 of 2008 Between: Mohd.Ibrahim S/o.Mohd.Yaseem, Resident of Secunderabad ..... PETITIONER AND 1. Employees State Insurance Corporation, 5-9-23 Hill Fort Road, Hyderabad, rep.by its Director 2 . Employees State Insurance Corporation, 5-9-23 Hill Fort Road, Hyderabad, rep.by its Recovery officer 3. Employees State Insurance Corporation, 5-9-23 Hill Fort Road, Hyderabad, rep.by its Asst/Deputy Director 4. Mohd.Akbar Khan S/o.Mohd.Pasha Khan, Resident of C/o.M/s.Sahara compnay Transport & Commission Agent, P.No.6-3-204/6, Chennareddy colony, NPA Board, Shivarampally, Ranga Reddy District-52. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to call for the records from the 2nd and 3rd respondents and issue an appropriate writ order or direction particularly one in the nature of writ of mandamus declaring that the proceedings No.AP/Ins.II/52-15848-09 dated 28.2.2008 passed by the 3rd respondent as illegal, unjust contrary to law in violation of principles of natural justice and violative of article 21 of the Constitution of India and grant all consequential benefits. Counsel for the Petitioner:MR.A.K.JAYAPRAKASH RAO Counsel for the Respondent No.: MR.B.G.RAVINDER REDDY The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.8036 OF 2008 ORAL ORDER: This writ petition has been filed seeking a writ of mandamus to declare the Proceedings No.AP/Ins.II/52- 15848-09, dated 28-02-2008, passed by the 3rd respondent as illegal, unjust, contrary to law. Heard Sri B.G.Ravinder Reddy and with his consent the writ petition is disposed of at the stage of admission. The learned counsel for the petitioner suggests that the petitioner will pay a sum of Rs.1-00 lakh on or before 30-06-2008 to establish his bona fides. If the petitioner deposits a sum of Rs.1-00 lakh and submits a representation demonstrating as to how he cannot be attached with the accountability and responsibility for payment of arrears of contribution under ESI Act, the respondent authorities will conduct an appropriate enquiry by providing him an opportunity. If the petitioner commits any default either in depositing the sum of Rs.1-00 lakh on or before 30-06- 2008 or fails to come up with a detailed representation demonstrating as to how he is not accountable for the past arrears, the respondents are at liberty to proceed in furtherance and pursuance of the impugned order from the stage it stands today without any further reference from this Court. In view of the time granted, the respondents shall not take any coercive action, in the mean time. With this, the writ petition stands disposed of at the stage of admission. -------------------------------- Nooty Ramamohana Rao, J mrk 11th April 2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}