BOMBAY SAW MILLS A REGISTERED PARTNERSHIP FIRM KOTEKAR VILLAGE, ULLAL MANGALORE REP. BY ITS MANAGING PARTNER MOHAMMED FAISAL Vs. REGIONAL OFFICE (KARNATAKA) EMPLOYEES STATE INSURANCE CORPORATION. NO. 10. BINNY FIELDS, BINNY PET, BANGALORE - 560

JUDGEMENT

(1.) THIS petition invoking the extraordinary writ jurisdiction under Article 226 of the constitution of India is presented on 8.3.2010 calling in question the order dt. 1.7.1996 Annexure -A order dt. 19.8.1999 Annexure -B and order dt. 18.1.2000 of the 1st respondent under Section 45A of the Employee' State Insurance Corporation Act. 1948 and for a writ of mandamus directing the respondents to adjudicate upon the issue relating to the said coverage of the petitioner firm as also to prohibit them from claiming any amount from the petitioner firm, towards contribution under the said Act. The memorandum of writ petition at paragraph 16 reads thus: Present Managing Partner came to be inducted in April 2008 and for the first time only thereafter when the said Managing Partner as stated above represented to the Authorities seeking for copies of the said alleged Inspection Reports which are the basis for the copies of the said alleged coverage of the Petitioner Firm and in view of the reluctance shown by the Officials of the ESIC, the factum of the non -existence of the said alleged Inspection reports having become known to the Petitioner Firm, the Petitioner Firm has now taken steps to challenge the said coverage under the said Act. As the said aspect goes to root of the matter, it is prayed that the delay if any in filing this Writ Petition be condoned.

(2.) A bare perusal of the averments do not inspire confidence, more so in the absence of material dates, particulars and facts disentitling the petitioner to invoke the extraordinary writ jurisdiction. Delay being fatal, petitioner is not entitled to any relief. Petition suffers on account of delay and ladies. Petition is accordingly rejected.