IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16836 of 2010(D)
1. THE MARAVANTHURUTHU HANDLOOM WEAVER'S
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE EMPLOYEES STATE INSURANCE
For Petitioner :SRI.P.V.BABY
For Respondent : No Appearance
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :01/06/2010
O R D E R
K. SURENDRA MOHAN, J.
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W.P(C) NO: 16836 OF 2010 D
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Dated this the 1st June, 2010.
JUDGMENT
The petitioner society is a handloom weavers’ co-operative
society having 286 members. There is only one paid employee who
is being paid salary according to the scheme prescribed by the
Kerala Co-operative Societies Act (the ‘Act’ for short) and the Rules
thereunder. The members of the Society are being paid for the
weaving done by them on piece rate basis. The members of the
society are not employees coming within the scope of the
Employees State Insurance Act, 1947. Therefore, the petitioner is
not liable to remit contributions in respect of such persons under
the ESI Act.
2. In view of the above, the petitioner has sought exemption
under Sections 87 and 88 of the Employees State Insurance Act.
The matter is still pending consideration of the Government. The
petitioner seeks appropriate directions to the first respondent to
consider the question of exemption of the petitioner society and to
pass orders thereon on an early date. The learned Govt. Pleader
has no objection to such a direction being issued.
3. In the above circumstances this writ petition is disposed of
WPC 16836/2010 2
directing the first respondent to consider the applications filed by
the petitioner under Sections 87 and 88 of the Employees State
Insurance Act, as expeditiously as possible and at any rate within a
period of two months from the date of receipt of a copy of this
judgment. Until final orders are passed as indicated above,
coercive steps against the petitioner for enforcement of the
provisions of the ESI Act shall be kept in abeyance.
K. SURENDRA MOHAN
Judge
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