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2006 DIGILAW 549 (AP)

Alankar Foods, Vijayawada v. Employees State Insurance Corporation, Vijayawada

2006-04-20

G.YETHIRAJULU

body2006
ORDER This Criminal Revision Petition is filed by the accused in C.C.No.210 of 2004 on the file of the III Chief Metropolitan Magistrate, Vijayawada, challenging that the said Court has no jurisdiction to entertain the case for the offences under Sections 84 and 85 of the Employees State Insurance Act, 1948 (for short 'the Act'). 2. The complaint was filed against the petitioners under Sections 85 (a) and (e) of the Act. During the pendency of the said case, the petitioners filed a petition in Crl.M.P.No.4074 of 2005 contending that in view of G.O.Ms.No.99 Law (L.A. & J Courts.C) Department, Government of Andhra Pradesh, the Court has no jurisdiction to entertain the complaint, therefore, it has to be dismissed for want of jurisdiction. 3. The learned counsel for the petitioners drew the attention of this Court to the contents of G.O.Ms.No.99 dated 08-06-2001 wherein the Government of Andhra Pradesh conferred the powers on the Chairman, Industrial Tribunal-I, Hyderabad to try the offences under Sections 84 and 85 of the Act arising throughout the State of Andhra Pradesh. In view of the said G.O., the III Additional Chief Metropolitan Magistrate, Vijayawada, has no jurisdiction to entertain the case. 4. Accordingly, the Criminal Revision Case is allowed setting aside the impugned order dated 13-02-2006 and the complaint filed by the respondent-Employees State Insurance Corporation is dismissed. However, the respondent is at liberty to file a case before the appropriate Court if so advised.