Sanctioning appeal by Employees State Insurance Corporation against a single judge order that granted retrospective ESI registration from 18.11.2011. Court found the appeal failed as ESI had accepted contributions for that period. Appeal dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
WEDNESDAY, THE 5TH DAY OF JULY 2017/14TH ASHADHA, 1939
WA.No.1252 of 2017 IN WP(C)4222/2017
AGAINST THE JUDGMENT IN WP(C) 4222/2017 of HIGH COURT OF KERALA DATED 3.3.17
APPELLANTS/RESPONDENTS 1 TO 3:
THRISSUR 680 020
BY ADV. SRI.P.SANKARANKUTTY NAIR
RESPONDENTS/PETITIONER/4TH RESPONDENT:
R2 BY ADV. SRI.SAIJO HASSAN R2 BY ADV. SRI.BENOJ C AUGUSTIN R2 BY ADV. SRI.VISHNU BHUVANENDRAN R2 BY ADV. SMT.P.PARVATHY R1 BY ADV. DR.S.GOPAKUMARAN NAIR (SR.) R1 BY ADV. SRI.C.R.SYAMKUMAR R1 BY ADV. SRI.SOORAJ T.ELENJICKAL R1 BY ADV. SRI.P.A.MOHAMMED SHAH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J. & DAMA SESHADRI NAIDU, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.1252 of 2017
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of July, 2017
JUDGMENT
Antony Dominic, J.
Heard Standing Counsel for the appellant, learned Senior Counsel appearing for the writ petitioner and the learned counsel appearing for the second respondent, the employer.
W.A.No.1252 of 2017
: 2 :
we confess our inability to accept the case canvassed by the appellants. Admittedly, this is a case where the employer himself conceded the fact that the first respondent was in employment since 18.11.2011. As things now stand, though his registration was initially granted with effect from 18.11.2012, payments of contribution, interest and other penalties for the period from 18.11.2011 were all accepted by the ESI Corporation. It was taking note of these peculiar facts that are available in this particular case that the learned Single Judge has declared that the registration shall be effective from 18.11.2011 and also declared that the first respondent shall be eligible for all benefits flowing from that date. This view taken by the learned Single Judge does not suffer from any illegality.
Appeal fails and it is dismissed accordingly.
sd/- ANTONY DOMINIC JUDGE
sd/- DAMA SESHADRI NAIDU JUDGE
jes
1 issue framed by the court
Whether the appellant can challenge the single judge's order granting preponement of ESI registration from 18.11.2012 to 18.11.2011 when contributions were paid for the earlier date.
THE EMPLOYEES STATE INSURANCE CORPORATION PANCHADEEP BHAVAN, C.I.G ROAD, NEW DELHI 110 002
MR.SOBHANAKUMAR SREEKALA
M/S. HOTEL SAFARI MARKET JUNCTION, NEDUMANGAD, THIRUVANANTHAPURAM 695 441
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
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