IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TEN :PRESENT: THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NOS : 23433 of 2010 & 2206, 6990, 9454, 1612, 21055, 5074, 18527 & 994 OF 2009 W.P.No. 23433 of 2010 :- Between: Vani High School 274/2RT, Vijayanagar Colony, Hyderabad - 057 Rept. By its President Sri P. Narahari Raja Gopala Varma S/o. Late P.V. Thimmaraju. ..... Petitioner AND 1.The State of Andhra Pradesh Rep by its Secretary Labour, Employment, Training & Factories Department Secretarait, Hyderabad 2.The Union of India Rep by Ministry of Health Shastry Bhavan, New Delhi 3.The Employees State Insurance Corporation Hill Fort Road, Shapurwade, Hyderabad, Rep by its Regional Director .....Respondents. Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an Order, direction or a Writ or more particularly one in the nature of Writ of Mandamus declaring the final notification published in part I Extraordinary issue of A.P. Gazette No.582 Dt: 14.10.2008 as being illegal, arbitrary and violative of Articles 14 and 19 (1) (g) of the Indian Constitution and declare that the 3rd Respondent has no jurisdiction over the petitioner School. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and upon hearing the arguments of SRI KOKA SATYANARAYANA RAO, Advocate for the Petitioner and of the Govt. Pleader for Labour on behalf of respondent No.1 and of Sri Ponnam Ashok Goud-Assistant Solicitor General on behalf of respondent No2 and of Sri B.G. Ravinder Reddy-SC on behalf of respondent No.3 W.P.No. 2206 of 2009 :- Between :- 1 M/s.Datta Chandra Hospitals Pt Ltd., Malakpet, Nalgonda X Roads, Hyderabad, rep.by its Managing Director, Gorukanti Ravinder Rao,S/o.Ramachander Rao aged 59 years, R/o.8-2-293/82/J3/303E, Plot No.303E Jubilee Hills Coop.House Building Society, Road No.25 Jubilee Hills, Hyderabad 2 M/s.Yashoda Super Speciality Hospitals, Rajbhavan Road Somajiguda, Hyderabad., rep partner Gorukanti Surender, Rao,S/o.Ramachander Rao aged 57 years, R/o.8-2-1039, Plot No.68,Doyan Constructions, Srinagar colony,Hyderabad 3 M/s.Rainbow Children`s Medicare Pvt Ltd., Plot No.22, Road No.10,Banjara Hills, Hyderabad, rep. by its Authorized signatory & General Manager S.Hariharan, S/o.late K.Sunderesan, aged 50 years 4 M/s.Krishna Institute of Medical Sciences Ltd., Secunderabd, rep.by its Director Dr.M.Sambasiva Rao, S/o.Nagabushanam, R/o.Hyderabad 5 M/s.Ravindranath, GE Medical Association Pvt Ltd Global Hospitals, Rep.by its General Manager –HR and Authorized Signatory Ch.K.S.Prasad S/o.Ch.Radhakrishna Prabhakar Rao, aged 39 years R/o.Hyderabad 6 M/s.Quality Care India Ltd, Road No.10, Banjara Hills, rep. by its Director Dr.N.Krishna Rddy, S/o.N.Venkat Reddy, R/o.Hyderabad 7 M/s.Visakha Hospitals and Diagnostics Pvt Ltd., Road No.10 Banjara Hills, Hyderabad, rep.by its Director Dr.N.krishna Reddy, S/o.Venkat Reddy, aged 48 years R/o.Hyderabad 8 M/s.Dr.Ramesh Cardiac and Multi Speciality Hospital, Ring Road Near ITI College, Vijayawada, rep by its Managing Director , Pothineni Ramesh Babu, S/o.Pothineni Subba Rao, aged 51 years, R/o.Vijayawada 9 M/.s.Image Health Care Ltd., Ameerpet, Hyderabad, rep.by its Chairman and Managing Director, C.Venkateswara Ro, S/o.Venkataramaiah aged 56 years, R/o.Hyderabad 10 M/s.Kamineni Hospitals Pvt Ltd., L.B.Nagar Hyderabad, rep. by its Chief Executive officer, C.R.Patnaik,S/o,Mohan Rao Patnaik aged 57 years,R/o.Hyderabad ..... Petitioners AND 1 The Union of India., Rep.by Ministry of Health, Shastry Bhavan, New Delhi 2 The State of Andhra Pradesh, rep.by its Secretary Labour Employment, Training & Factories Department, Secretariat, Hyderabad 3 The Employment State Insurance Corporation, Musheerabad, Hyderabad .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to a Writ or order/s more particularly one in the nature of Writ of Mandamus declaring the final notification published in part I Extraordinary issue of AP Gazette No. 582 dt. 14- 10-2008 as being illegal, arbitrary and Violative of Articles 14 and 19 (1) (g) of the Indian Constitution and to set aside the same. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and order of High Court dt. 9-2-2009 made in WPMP.NO. 2794 of 2009 and upon hearing the arguments of SRI B. Vijaysen Reddy, Advocate for the Petitioners and of the of Sri Ponnam Ashok Goud-Assistant Solicitor General on behalf of respondent No.1 and of the Govt. Pleader for Labour on behalf of respondent No.2 and of Sri B.G. Raviner Reddy-SC on behalf of respondent No.3. W.P.No. 6990 of 2009 :- Between:- Sri Sai Siddartha School, Plot No.163, Motinagar, Hyderabad-18, Rep by its Correspondent Sri M. Srinivas, ..... Petitioner AND 1.The Government of A.P., Rep by its Secretary, Labour and Employment Department, Secretariat, Hyd., 2.Employment State Insurance Corporation, Rep by its Deputy Director, Regional office, Hyderabad. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue Writ, Order or Direction more particularly one in the nature of Writ of mandamus to declaring G.O.Rt.No.1887, Labour Employment Training & Factories(IMS), dated 26-09-2008, published in Andhra Pradesh Gazette No.582, Part-I Extraordinary, dated 14.10.2008, as Final Notification, and the earlier G.O.Rt.No.2525, labour Employment Training & Factories Department, dated 13- 11-2007, published in A.P. Gazette No.662, dated 23.11.2007, both issued by the 1st Respondent as illegal, arbitrary, unconstitutional and against the provisions of Employment State Insurance Act, 1948 and consequently direct the Respondents to desist from acting in pursunace of the said G.O.Rt.No. 1887, labour Employment Training & Factories (IMS), dated 26-09-2008, published in Andhra Pradesh Gazette No.582, Part-I Extraordinary, dated 14-10-2008, by setting aside the Notice No.52- 30924-107, dated 24-02-2009, issued by the 2nd respondent. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and order of High Court dt. 24-6-2009 made herein and upon hearing the arguments of SRI K.R. Sasidharan Nair, Advocate for the Petitioner and of the Govt. Pleader for Labour on behalf of respondent No.1 and of Sri B.G. Raviner Reddy-SC on behalf of respondent No.2. W.P.No. 9454 of 2009 :- Between: Nagarjuna Hospitals Limited A Company regd. Under the Companies Act 1956, Rep. by its Authorized Signatory, S. Ramababu S/o. late S.V. Subba Rao, Aged 55 years, C/o. Nagarjuna Hospital Limited, Kanuru, Vijaywada-7, Krishna District. ..... PETITIONER AND 1 The Union of India, Rep. by Ministry of Health, Shastry Bhavan, New Delhi. 2 The State of Andhra Pradesh, Rep. by its Secretary, Labour, Employment, Training & Factories Department, Secretariat, Hyderabad. 3 The Employment State Insurance Corporation, Musheerabad, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to ISSUE A Writ or order/s more particularly one in the nature of Writ of Mandamus declaring the final notification published in part I Extraordinary issue of AP Gazette No. 582 dt. 14-10-2008 as being illegal, arbitrary and violative of Articles 14 and 19 (1) (g) of the India Constitution and set aside the same.. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and order of High Court dt. 1-5-2009 made in WPMP.NO. 12341 of 2009 and upon hearing the arguments of SRI B. Vijaysen Reddy, Advocate for the Petitioner and of the of Sri Ponnam Ashok Goud-Assistant Solicitor General on behalf of respondent No.1 and of the Govt. Pleader for Labour on behalf of respondent No.2 and of Sri B.G. Raviner Reddy-SC on behalf of respondent No.3. W.P.No. 1612 of 2009 : Between: Sri Ramakrishna School, rep. by its Correspondent A.Krishna Reddy, S/o. A.Venkateswara Reddy. .... PETITIONER AND 1. The Government of A.P., rep. by its Secretary, Labour and Employment Department, Secretariat, Hyderabad. 2. Employment State Insurance Corporation, rep. by its Asst. Director, Padmanabha Buildings, 14-20-27, Gandhi Nagar, Vijayawada – 3. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring G.O.Ms.No. 582, Labour, Employment, Training and Factories Department dated. 14-10-2008 passed by the 1st respondent as illegal, void, unconstitutional and against the provisions of Employment State Insurance Act, 1948 and direct the respondents to desist from acting in pursuance of the said G.O.Ms.No. 582, dated. 14-10-2008. . The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and order of High Court dt. 03-02-2009 made herein and upon hearing the arguments of SRI S. Nageswara Reddy, Advocate for the Petitioner and of the Govt. Pleader for Labour on behalf of respondent No.1 and of Sri B.G. Raviner Reddy-SC on behalf of respondent No.2. W.P.No. 21055 of 2009 :- Between: 1. Little Buds Public School, Represented by its Secretary and Correspondent Smt. V. Vijaya Vani Vandanapuvari Street, S.N. Puram, Vijayawada-11, Krishna District. 2. D r . Himsekhar Educational Society, (Dr. Himsekhar Degree College), Represented by its Secretary and Correspondent Dr. K. Janardhan, Ring Road, Anakapalli, Visakhapatnam District. 3. JSM Educational Society, (JSM High School), Represented by its Secretary and Correspondent N. Ramesh Rao, Hunter Road, Hanamkonda, Warangal District. 4. Modern School, Represented by its Secretary and Correspondent, V.Vijaya Kumar Reddy, Saraswathi Nagar, Nellore - 524002. 5. Lilly Little Flower School, Represented by its Secretary and Correspondent, E.C. Narayana Reddy, Vedayapalem, Nellore - 4. 6. Anglophil English Medium School, Represented by its Secretary and Correspondent, Y.Mallikarjuna Reddy, 1st Street, Ramnagar, Nellore - 3. 7. S r i Netaji (MSR) Pilot High School, Represented by its Secretary and Correspondent, M.V. Netaji Subba Reddy. Opp:Vijaya Mahal Gate, Nellore - 3. 8. Silpa English Medium School, Represented by its Secretary and Correspondent, Y.Mallikarjuna Reddy, R/o.D.No.25-2-1045, Revenue Colony, Nellore - 4. 9. VBR English Medium H igh School, Represented by its Secretary and correspondent, V.Brahma Reddy R/o.Haranathapuram, Nellore - 4. 10. V eda Vyasa (E.M.) High School, Represented by its Secretary and Correspondent, A.P. Balaji R/o. Lecturers Colony, Magunta Layout, Nellore - 3. ..... Petitioners AND 1. The Government of Andhra Pradesh, represented by its Secretary, Labour and Employment Department, Secretariat, Hyderabad. 2. Employees State Insurance Corporation, represented by its Assistant Director, 2nd Floor, Padmanabha Buildings, 14-20-27, Gandhinagar, Vijayawada - 520 003. 3. Employees State Insurance Corporation, represented by its Assistant Director, D.No.58-14-57/1, Marripalem Vuda layout, N.H-5 Road, NAD (Post), Visakhapatnam 530009. 4. Employees State Insurance Corporation, represented by its Assistant Director, D.No.5-9-23, Hill Fort Road, Hyderabad -63. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring G.O.Rt.No. 1887, Labour Employment Training & Factories (IMS) dated 26.09.2008, published in Andhra Pradesh Gazette No. 582, Part-I, Extraordinary, dated 14.10.2008, as Final Notification, and the earlier G.O.Rt.No. 2525, Labour Employment, Training &Factories Department, dated 13.11.2007, published in A.P. gazette No. 662, dated 23.11.2007, both issued by the 1st Respondent, as illegal, arbitrary, unconstitutional and against the provisions of Employment State Insurance Act, 1948 and consequently directed the Respondents to desist from acting in pursuance of the said G.O.Rt.No. 1887, Labour Employment Training & Factories (IMS), dated 26.09.2008, published in Andhra Pradesh Gazette No. 582, Part-I Extraordinary, dated 14.10.2008. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and order of High Court dt. 25-09-2009 made in WPMP.NO. 27388 of 2009 and upon hearing the arguments of SRI Rajnikanth Jwala, Advocate for the Petitioner and of the Govt. Pleader for Labour on behalf of respondent No.1 and of Sri B.G. Raviner Reddy-SC on behalf of respondent No.2. W.P.No. 5074 of 2009 :- Gandhi Institute of Technology and Management (Gitam) Visakhapatnam, Rep. by its Administrative Officer Sri Chitturi Raja Rao S/o. Late Sri Rama Rayudu, aged 68 yrs Rushikonda, Visakhapatnam ..... PETITIONER AND 1.The Union of India Rep. by its Secretary, Ministry of Labour , New Delhi. 2.ESI Corporation , Rep. by its Director General Panchadeep Bhavan, CIG Road, New Delhi. 3.Asst. Director, ESI Corporation, 2nd Floor, Padmanabha Buildings, 14-20- 27, Gandhi Nagar, Vijayawada. 4.The Government of A.P. Rep. by its Secretary Ministry of Labour, Employment, Training and Factories Dept., Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any writ order or direction particularly one in the nature of Mandamus declaring the impugned proceedings NO : 62/P/11/112004/MED-INST/PICI(85) dated 15-11-208 of the 3rd respondent as arbitrary, illegal and that the notification under G.O.Rt.No. 1887 dated : 26-09-2008 is not applicable to the Petitioner and consequently nullify the proceedings No : 62/P/11/112004-EDN/MED-INST/PICI(85) dated 15-11-2008 of the 3rd respondent. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and order of High Court dt. 17-03-2009 made in WPMP.NO. 6629 of 2009 and upon hearing the arguments of Dr.P.B. Vijay Kumar, Advocate for petitioner and of Sri Ponnam Ashok Goud-Asst. Solicitor General on behalf of respondent No.1 and of Sri B.R. Ravinder Reddy-SC on behalf of respondent Nos. 2 & 3 and of the Govt. Pleader for Labour on behalf of respondent No.4. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To Form-NIC-IGS/WP {SAYEED}