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 MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 W.A.No.2009 of 2008 ----------------------------------- AGAINST THE ORDER IN W.P.(C).NO.24706/2008, DATED 14/08/2008 .................... APPELLANT/PETITIONER:- -------------------------------------- THE CHINMAYA VIDYALAYA, ENGLISH MEDIUM HIGHER SECONDARY SCHOOL, CHINMAYA EDUCATIONAL COMPLEX, NELLICODE POST, CALICUT 673 016, REP. BY THE MANAGER, SRI. K. SREEKUMAR. BY ADV. SRI.GOVIND K.BHARATHAN (SR.) SRI.C.P.KUNJHIKANNAN SRI.S.K.MADHU 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 DIRECTOR, EMPLOYEES' STATE INSURANCE CORPORATION, REGIONAL OFFICE (KERALA), PANCHADWEEP BHAVAN, ROUND NORTH, THRISSUR 680 020. W.A.NO.2009 OF 2008 - 2 - 5. THE INSURANCE INSPECTOR, INSPECTORATE OFFICE, KOZHIKODE DIVISION, EMPLOYEES' STATE INSRUANCE CORPORATION. R1 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R3 TO R5 BY STANDING COUNSEL SRI.T.V.AJAYAKUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2008, ALONG WITH W.A.NO.2010 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. -------------------------------------------------------- W.A.Nos.2009, 2010, 2011 & 2012 of 2008 ------------------------------------------------------ Dated, this the 13th day of October, 2008 JUDGMENT H.L.Dattu, C.J. Since common issues are involved in all these writ appeals, they are clubbed, heard and disposed of by this common order. (2) In all these writ appeals, the appellants are calling 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 the writ petitions. (3) In the writ petitions filed, the petitioners have called in question the notification issued by the State Government dated 8.10.2007 and also the notices 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 petitions has declined to grant the interim relief sought for by the petitioners. That is how the writ petitioners are before us in these writ appeals. (4) The notification issued by the State Government and the notices issued by the E.S.I. Corporation are the subject matter of the writ petitions. The learned Single Judge has not expressed any opinion on the legality or otherwise of the notification, nor has he said anything with W.A.No.2009 of 2008, etc. 2 regard to the correctness or otherwise of the notices issued by the E.S.I. Corporation. He has only admitted the writ petitions, but during the pendency of the writ petitions has declined to grant any interim relief. (5) 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 appellants 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. (6). In our view, in matters of this nature, it would be appropriate for the petitioners to make a request before the learned Single Judge before whom the matters are pending for an out of turn hearing (7) In view of the above, while disposing of the writ appeals, we pass the following:- ORDER i) Writ appeals are disposed of. ii) The contesting respondents are directed to file their counter affidavits, if any, in the writ petitions within four weeks time from today. W.A.No.2009 of 2008, etc. 3 iii) Liberty is reserved to the appellants to make appropriate application before the learned Single Judge for out of turn hearing of the writ petitions. 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/dk