Allowed

The Paruau Handloom Weavers Co-Op. Socie v. the Regional Director & Others

Kerala HC7 Mar 2011WP(C)/4016/2011

Case brief

AI extract

What is this about?

Petitioner sought exemption from ESI provisions. Petitioner filed writ prayer to stay recovery proceedings during pendency of exemption application. Court held recovery premature and stayed proceedings until exemption order is passed.

What did the court decide?

Orders on Ext.P1 to be passed within 3 months; recovery proceedings pursuant to Ext.P8 stayed until orders are passed.

The Paruau Handloom Weavers Co-Op. Socie Vs… — Pension and Retirement Benefits | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932

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WP(C).No. 4016 of 2011(B) -------------------------

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PETITIONER(S):

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-----------------------

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THE PARAUR HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD.NO.428, CHENDAMANGALAM JUNCTION, N.PARAVUR, REPRESENTED BY ITS SECRETARY.

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BY ADV. SRI.AMJAD ALI SRI.MANSOOR.B.H. SRI.B.H.ANSIL

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RESPONDENT(S):

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------------------------

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1. THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR-680 020.

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2. RECOVERY OFFICER, REGIONAL OFFICE (KERALA), EMPLOYEES STATE INSURANCE CORPORATION, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR-680 020.

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3. THE SECRETARY TO GOVERNMENT, LABOUR & REHABILITATION (B) DEPARTMENT, THIRUVANANTHAPURAM-695 001.

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4. DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD-682 021.

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GOVT.PLEADER SRI.BASANT BALAJI FOR R3 AND R4 SRI.P.SANKARANKUTTY NAIR FOR R1 AND 2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC, J. ================ W.P.(C) NO. 4016 OF 2011

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=====================

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Dated this the 7^th day of March, 2011

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J U D G M E N T

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Ext.P1 is an application made by the petitioner under Section 87 of the Employees State Insurance Act seeking exemption from the provisions of the Act. This application pertains to the period 1/10/05 to 31/3/2010. Despite having received the application, orders have not been passed. In the meanwhile, proceedings have been initiated by Ext.P8 for recovery of the amounts due for the aforesaid period. It is in these circumstances, the writ petition has been filed.

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I heard the learned Government Pleader and also the standing counsel appearing for the ESI Corporation.

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Admittedly, Ext.P1 is a statutory application, which has been received by the Government and so far orders have not been passed. Therefore, at this stage, it is premature to initiate recovery proceedings for the period covered by Ext.P1.

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In that view of the mater, I dispose of this writ petition directing that the 3^rd respondent shall consider and pass orders on Ext.P1 with notice to the petitioner and as expeditiously as

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WPC No. 4016/11

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:2 :

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possible, at any rate within 3 months of production of a copy of this judgment. It is directed that until orders are passed on Ext.P1, further proceedings pursuant to Ext.P8 will stand stayed.

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Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 3^rd respondent for compliance.

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ANTONY DOMINIC, JUDGE

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The Paruau Handloom Weavers Co-Op. Socie v. the Regional Director & Others

Case brief

What is this about?

What did the court decide?

The Paruau Handloom Weavers Co-Op. Socie v. the Regional Director & Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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