Remanded

The Deputy Director,Esi Corporation v. M/S.Hi-Build Coatings Pvt.Ltd.

Kerala HC2 Jun 2014Ins.APP/3/2012

Case brief

AI extract

What is this about?

This Insurance Appeal challenged a finding where the Insurance Court held the Committee under the Board as the principal employer without impleading it. The High Court allowed the appeal and remanded the case to the court below for fresh disposal after impleading necessary parties and extending opportunity for hearing.

What did the court decide?

Impugned judgment set aside; matter remanded for fresh disposal after impleading State and Committee under Board.

The Deputy Director,Esi Corporation Vs… — Pension and Retirement Benefits | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

¶4

MONDAY, THE 2ND DAY OF JUNE 2014/12TH JYAISHTA, 1936

¶5

Ins.APP.No. 3 of 2012 ()

¶6

AGAINST THE ORDER/JUDGMENT IN IC 31/2010 of EMPLOYEES INSURANCE COURT, ALAPPUZHA DATED 26-08-2011

¶7

APPELLANT(S)/RESPONDENTS:

¶8

1. THE DEPUTY DIRECTOR,ESI CORPORATION PANCHADEEP BHAVAN, N.S. ROUND, THRISSUR-20.

¶9

2. THE RECOVERY OFFICER

¶10

EMPLOYEES STATE INSURANCE CORPORATION PANCHADEEP BHAVAN N.S.ROUND, THRISSUR-20.

¶11

BY ADV. SRI.P.SANKARANKUTTY NAIR

¶12

RESPONDENT(S)/APPLICANT:

¶13

M/S.HI-BUILD COATINGS PVT.LTD. PLOT NO.74 MAJOR INDUSTRIAL ESTATE SOUTH KALAMASSERY REPRESENTED BY ITS MANAGING DIRECTOR. PIN-683104.

¶14

R BY ADV. SRI.K.ANAND (A.201) R BY ADV. SMT.LATHA KRISHNAN

¶15

THIS INSURANCE APPEAL HAVING COME UP FOR ADMISSION ON 02-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

APPENDIX

¶17

PETITIONERS' EXTS:

¶18

ANNEXURE A1: DTD. 24.11.2006.

¶19

TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.5215/2006

¶20

ANNEXURE A2: TRUE COPY OF THE JUDGMENT IN I.C.NO.102/2006 DTD.14.8.2009.

¶21

//true copy//

¶22

B.KEMAL PASHA, J.

¶23

................................................................ Ins. Appeal No.3 of 2012

¶24

............................................................... Dated this the 2^nd day of June, 2014

¶25

O R D E R

¶26

The matter relates to the coverage of some persons employed as head load workers in an establishment. The head load workers were supplied by the Committee under the Kerala Head Load Workers Welfare Fund Board(herein after referred to as the 'Board'). The question herein is, whether the said Committee is the 'principal employer' or whether the establishment is the 'principal employer'.

¶27

In this particular case, no notice was served on the Board or the committee. Strangely enough, without impleading the Committee under the Board, the Insurance Court, Alappuzha in I.C.No.31 of 2010 entered a finding that the Committee under the Board, who is the 'principal employer' is liable to pay the contribution in respect of the

¶28

Ins. Appeal No.3/2012

¶29

-: 2 :-

¶30

employees supplied by them. The ESI Corporation has come up in appeal, challenging the said finding.

¶31

It seems that the Apex Court has given certain directions in Civil Appeal No.5215 of 2006[ ESI Corporation v. Babu Rao] relating to the same question. In that particular case the matter was remitted back to the ESI Court with a direction to implead the State as well as the Committee under the Board and to determine the question whether the establishment or the said Committee is the principal employer. No decision has been taken by the E.I.Court in the said matter. This Court has remitted back two identical matters to the Tribunal to enter a finding on the said issue, after impleading necessary parties. It seems that without impleading the Committee under the Board, the court below has entered a finding relating to the liability of the Committee under the Board in this case. Matters being so, this case also requires reconsideration.

¶32

In the result, this Insurance Appeal is allowed and the

¶33

Ins. Appeal No.3/2012

¶34

-: 3 :-

¶35

impugned judgment is set aside. The matter is remitted back to the court below for fresh disposal in accordance with law, after impleading the State as well as the Committee under the Board, and after extending an opportunity to all the parties to forward their case. The parties shall appear before the court below on 21.07.2014.

¶36

B.KEMAL PASHA, JUDGE

¶37

ul/-

The Deputy Director,Esi Corporation v. M/S.Hi-Build Coatings Pvt.Ltd.

Case brief

What is this about?

What did the court decide?

The Deputy Director,Esi Corporation v. M/S.Hi-Build Coatings Pvt.Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sadasivan Vs Viswambharan

The Manager, Pressure Dies Casting Unit Vs the Regional Director

Sudheesh Kumar Vs T.S.Jayakumar

Anandan Vs Joju

Vaisakh (Minor) Vs Abdurahiman.K.P.

Jadheer Vs Firoz Kunnathoor