CAV ORDER

The petitioner a Managing Partner of the Dhanavanthari Hospital, Puttur, seeking to issue a writ of mandamus/direction to respondent Nos.1 and 2 to provide for the choice of hospitals/nursing homes/clinics in the matter of availing medical relief/help/treatment to the employees of the insured under the Employees State Insurance Act, 1948 (‘the ESI Act’ for short) as amended from time to time and to dispense and discontinue with the procedure followed by respondent Nos.1 and 2 in directing the employees of the insured to go to specified/networked hospital of the choice of respondent No.2, further to direct respondent Nos.1 and 3 to take control of and administer the affairs of respondent No.2 –ESI Corporation, as one of the general insurers in terms of Insurance Act, 1938 (‘the Insurance Act, 1938’ for short), the Insurance Regulatory and Development Authority Act, 1939 (‘IRDA Act’ for short), General Insurance Business Act, 1972 and to strike down provisions of Section 57 and 59 of the ESI Act, as being unreasonable, oppressive and being violative of Articles 14, 19 and 21 of the Constitution of India.

2. The petitioner avers that the hospital of the petitioner has earned