IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 5861 of 2006 Between: M/s. Friends Erectors, D-120, B Colony, Ibrahimpatnam, Krishna District, ..... PETITIONER AND 1. Employees' State Insurance Corporation, Regional Office at 5-9-23, Hill Fort Road, 2. The Assistant Director, Employees' State Insurance Corporation, Padmanabha Buildings, 14-20-27, Gandhinagar, Vijayawada , Krishna District, Andhra Pradesh. 3. Vijayawada Thermal Power Station, (a Unit of APGENCO), Ibrahimpatnam, (O & M) .....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 issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in issuing the impugned order vide No. AP/SRO/VJA/Ins.I/62-15980-101/822/04, dt. 22-4-2004, and consequently passing attachment orders is illegal, arbitrary unjust, violation of the Provisions of E.S.I. Act and rules framed therein and without any jurisdiction and consequently set-aside the same, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.V.L.NARASIMHA RAO Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : ORDER: 1. The Writ Petition is filed for a Writ of Mandamus declaring the action of the 2nd respondent in issuing the impugned order in No.AP/SRO/VJA/Ins.I/62- 15980-101/822/04 dated 22-4-2004 and consequently passing attachment orders as illegal, arbitrary, unjust, in violation of the provisions of E.S.I. Act and the Rules framed thereunder and without any jurisdiction and consequently to set aside the same and to pass such other suitable orders. 2. This Court issued rule nisi on 27-3-2006 and in W.P.M.P.No.7494/2006, interim stay as prayed for had been granted subject to the condition that the petitioner deposits half of the amount demanded under the impugned proceedings within a period of four weeks and in default it is made clear that it is open to the respondents to take appropriate steps in accordance with Law. 3. It is stated that the said conditional order had been complied with. In view of the same, the petitioner is at liberty to prefer an Appeal within a period of six weeks from the date of receipt of this order and in the event of such Appeal being filed, the same to be entertained and to be disposed of in accordance with Law. Inasmuch as it is stated that half of the amount demanded already had been deposited, the interim stay granted by this Court to be operative till disposal of the Appeal. 4. The Writ Petition is accordingly disposed of. No costs. _________________ Justice P.S.Narayana Date : 26th February 2008 AM ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}