Writ petition filed for declaration of eligibility for exemption from the Employees State Insurance Act and direction regarding retrospective exemption. Court held that no orders can be passed as the petitioner must approach the appropriate government under the ESI Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) NO. 1214 OF 2011
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 8TH DAY OF NOVEMBER 2022 / 17TH KARTHIKA, 1944
WP(C) NO. 1214 OF 2011
PETITIONER/S:
KERALA FINANCIAL CORPORATION VELLAYAMBALAM, REPRESENTED BY IT'S GENREAL MANAGER, HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM.
BY ADVS. SRI.M.M.SAYED MUHAMMED, SC, KFC SRI.K.JAJU BABUSCKERALA FINANCIAL COR SRI.BASANT BALAJI, SC, KERALA FINANCIAL CORPORATION
RESPONDENT/S:
BY ADV SRI.P.SANKARANKUTTY NAIR
OTHER PRESENT:
SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J
W.P.(C) No. 1214 of 2011
Dated this the 8th day of November, 2022
JUDGMENT
The above writ petition is filed with following prayers :
“(a) call for the records relating to the case and examine the same.
(b) Declare that the petitioner is eligible for exemption from the provisions of the Employees State Insurance Act as provided under Sec. 1(4) of the ESI Act.
(c) Declare that in any view of the matter the Government is liable to exempt the petitioner from the provisions of the Employees State Insurance Act with retrospective effect by invoking its powers under Section 87 of the ESI Act and in the light of Exhibit P2 exemption orders.
(d) Issue a writ of mandamus, such other writs, orders or direction directing the 3rd respondent to consider and dispose of Exhibit P3 request invoking its powers under Section 91A of the ESI Act as it stood on the date of Exhibit P3.
(e) Issue appropriate writ or orders prohibiting respondents 1 & 2 from demanding ESI contribution from the petitioner or from initiating any coercive steps for recovering any such amount so long as the petitioner's employees are provided with superior benefits than what is provided under the ESI Act.
(f) Pass such other orders as this Hon'ble Court shall deem fit in the facts and circumstances of the case.” [SIC]
With the above observation, this writ petition is closed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR EXEMPTION SUBMITTED BY THE KERALA FINANCIAL CORPORATION BEFORE THE STATE GOVERNMENT ALONG WITH COVERING LETTER
EXT.P2 TRUE PHOTOSTAT COPY OF THE NOTIFICATION GO(RT.) NO. 2098/2008/LBR DATED 31.7.2008
EXT.P3 TRUE PHOTOSTAT COPY OF THE REQUEST DATED 30.9.2008 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, LABOUR & REHABILITATION (B) DEPARTMENT.
EXT.P4 TRUE PHOTOSTAT COPY OF THE LETTER DATED 16.11.2010 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT
EXT.P5 TRUE PHOTOCOPY OF LETTER DATED 1.12.2010 SENT TO THE 1ST RESPONDENT
RESPONDENT'S EXHIBITS : NIL
3 issues framed by the court
Whether the High Court can declare the petitioner eligible for exemption from the Employees State Insurance Act.
Whether retrospective exemption under the Employees State Insurance Act is permissible invoking powers under Section 87.
Whether Section 91A permits prospective or retrospective exemption under the Employees State Insurance Act.
3 provisions across 1 enactments
Kerala Financial Corporation Vellayambalam
Assistant Director Office, Employees State Insurance Corporation, Kurumpelli Avenue
The Branch Manager, Branch Office, ESI Corporation, Thiruvananthapuram
State of Kerala
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
