S.Ramadevi vs The Regional Director on 8 February, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Ins.APP.No. 61 of 2010()



1. S.RAMADEVI
                      ...  Petitioner

                        Vs

1. THE REGIONAL DIRECTOR
                       ...       Respondent

                For Petitioner  :SRI.M.V.THAMBAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :08/02/2011

 O R D E R
                  M.N. KRISHNAN, J.
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             INS.APPEAL NO. 61 OF 2010
           = = = = = = = = = = = = = = =
      Dated this the 8th day of February, 2011.

                  J U D G M E N T

This appeal is preferred against the order

of the Employees Insurance Court, Kollam in

I.C.19/05. The crux of the dispute between the

applicant and the Corporation is with respect to

the number of employees which will directly

decide the question regarding the coverage of

the establishment. If there are 10 or more

employees the establishment will be covered

under the provisions of the E.S.I.Act. According

to the applicant the total number of employees

are only five whereas according to the Employees

State Insurance Corporation it is 11. Now the

Hon’ble Supreme Court in the decision reported in

2009 (3) KLT 946 (SC) Fertilizers and Chemicals

Travancore Ltd. v. E.S.I. Corporation and other

INS.APPEAL NO. 61 OF 2010
-:2:-

cases have made it very clear that when a

dispute regarding a fact which will have adverse

effect on the employees, the employees or the

representatives of the employees should be

impleaded as parties and they should be heard

before a final decision is taken in the matter.

Of course the establishment had impleaded five

persons about whom there is no dispute regarding

the employment. The dispute is with respect to

the other six more persons who are alleged to be

employees. So interest of justice requires that

those persons whose names are mentioned in

Ext.B5(a) report are also impleaded and the

matter be heard afresh after affording equal

opportunity to all concerned to produce both

documentary as well as oral evidence in support

of their respective contentions and then the

matter be disposed of in accordance with law.

INS.APPEAL NO. 61 OF 2010
-:3:-

The E.I.Court is directed to issue notice to the

parties informing the date of appearance.

M.N. KRISHNAN, JUDGE.

ul/-