Kerala State Ex-Service League vs E.S.I. Corporation on 24 March, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9691 of 2008(D)



1. KERALA STATE EX-SERVICE LEAGUE
                      ...  Petitioner

                        Vs

1. E.S.I. CORPORATION
                       ...       Respondent

                For Petitioner  :SRI.P.RAMAKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :24/03/2008

 O R D E R
                        S. SIRI JAGAN, J.
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                    W.P.(C)No.9691 OF 2008
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                Dated this the 24th day of March, 2008

                            JUDGMENT

The petitioner is an organisation of Ex-Service men, who is

employing its members as Security Guards in various

organisations as per contracts. In view of the fact that the

members enjoyed better medical facilities as Ex-Service men the

organisation applied for exemption from the provisions of the

Employees’ State Insurance Act by Ext.P3 application. The

grievance of the petitioner is that although the application has

been filed on 16.4.2007, the same has not been disposed of yet.

Therefore, they seek a direction to the 2nd respondent to consider

and pass appropriate orders on Ext.P3 expeditiously.

2. I have heard the learned counsel appearing for the

petitioner, the learned Government pleader appearing for the 2nd

respondent and the learned standing counsel appearing for the

ESI Corporation. When an application under Section 87 of the Act

is filed, the 2nd respondent has a duty to dispose of the same

expeditiously. Therefore, I dispose of this writ petition with a

W.P.(c) No.9691/08 2

direction to the 2nd respondent to consider and pass

appropriate orders on Ext.P3 as expeditiously as possible, at

any rate, within three months from the date of receipt of a

copy of this judgment, after affording an opportunity of being

heard to the petitioner and the Corporation. Till final orders

are so passed, no recovery shall be made. But if ultimately

the application is dismissed, the petitioner would be liable for

both employers and employees contributions. The petitioner

shall forward a certified copy of the judgment along with a

copy of this writ petition to the 2nd respondent for compliance.

S. SIRI JAGAN, JUDGE

Acd

W.P.(c) No.9691/08 3