Writ petitioner sought exemption under Sec. 87 of ESI Act and stay on recovery. Court dismissed petition since issue was covered in Arya Vaidya Sala judgment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 7TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944
WP(C) NO. 6293 OF 2011
NAME AND ADDRESS OF THE PETITIONER:
KERALA STATE DEFENSE SERVICE CO-OPERATIVE SOCIETY LTD. NO.4343, ANJIPARAMBIL, BUILDING, ANAND BAZAR, SOUTH RAILWAY STATION, ROAD, ERNAKULAM, COCHIN-682016. REPRESENTED BY ITS PRESIDENT K.AABDUBACKER, AGED 74 YERS,S/O.ABDU, KARUKAPADATH HOUSE.
BY ADVS. SRI.M.A.ABDUL HAKHIM SRI.M.G.ANON
NAME AND ADDRESS OF THE RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR AND REHABILITATION(B) DEPARTMENT, THIRUVANANTHAPURAM-695001.
3 THE DEPUTY DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION, MALU'S COMPLEX, ST.FRANCIS CHURCH ROAD, KALOOR, COCHIN-682017. BY ADVS. SRI.RENJITH T.E., SENIOR GOVERNMENT PLEADER SRI.T.V.AJAYAKUMAR, SC - ESI KUM.P.H.RIMJU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6293 OF 2011
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 6293 of 2011
Dated this the 07th day of December, 2022
JUDGMENT
The above Writ Petition is filed with the
following prayers:
“(a) Issue a writ of certiorari or other appropriate writ order or direction setting aside Ext.P3 Order and direct the 1 st respondent to consider Ext.P2 Application for exemption under Sec.87 of the ESI Act without Ext.P4 amendment.
(b) Direct the 3 rd respondent not to proceed with Ext P6 and P7 till the consideration of Ext P2 by the 1 st respondent. And
(c) grant such other reliefs as this Hon'ble Court shall deem just.”[SIC]
consideration, both sides submitted that the point
raised in this writ petition is covered against the
WP(C) NO. 6293 OF 2011
3
petitioner in the light of the dictum laid down by this Court in Arya Vaidya Sala, Kottakkal v. State of
Kerala [2022 (7) KHC 463].
In the light of the above submission, this writ
petition is dismissed.
Sd/-
DM
P.V.KUNHIKRISHNAN JUDGE
WP(C) NO. 6293 OF 2011
4
APPENDIX OF WP(C) 6293/2011
PETITIONER EXHIBITS
| EXHIBIT P1 | A PHOTOSTAT COPY OF THE |
|---|---|
| COMMUNICATION ISSUED BY THE 1ST | |
| RESPONDENT GRANTING EXEMPTION FROM | |
| ESI ACT FOR THE YEARS 2007-08 & 2008-09. |
|
| EXHIBIT P2 | A PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE |
| 1ST RESPONDENT FOR EXEMPTION FOR | |
| THE YEARS 2009-10 & 2010-11 WITH ANNEXURE. |
|
| EXHIBIT P3 | A PHOTOSTAT COPY OF THE ORDER REFUSING TO CONSIDER EXT P2 |
| EXHIBIT P4 | A PHOTOSTAT COPY OF THE HE EMPLOYEES STATE INSURANCE (AMENDMENT) ACT, 2010 |
| EXHIBIT P5 | A PHOTOSTAT COPY OF THE |
| NOTIFICATION PUBLISHED BY THE GOVERNMENT OF INDIA. |
|
| EXHIBIT P6 | A PHOTOSTAT COPY OF THE ORDER DETERMINING CONTRIBUTION PASSED BY THE 3RDRESPONDENT. |
| EXHIBIT P7 | A PHOTOSTAT COPY OF THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT |
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the petition should be allowed after considering a prior decision by this Court.
Colour shows how this judgement treated each authority
Arya Vaidya Sala, Kottakkal v. State of KeralaDistinguished¶31
Arya Vaidya Sala, Kottakkal v. State of Kerala [2022 (7) KHC 463]
Kerala State Defense Service Co-Operative Society Ltd.
State of Kerala
Regional Director Employees State Insurance Corporation, Trissur
Deputy Director Employees State Insurance Corporation, Caloor
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
