IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ins.APP.No. 12 of 2003(A)
1. THE REGIONAL DIRECTOR,
... Petitioner
2. THE RECOVERY OFFICER,
Vs
1. K.R.MURALEEDHARAN,
... Respondent
For Petitioner :SRI.P.SANKARANKUTTY NAIR
For Respondent :SRI.V.GIRI
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :31/07/2008
O R D E R
M.N.KRISHNAN, J
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INAP No.12 OF 2003
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Dated this the 31st day of July 2008
JUDGMENT
This appeal is preferred against the order of the Employees’
Insurance Court, Idukki in I.C.No. 2 of 1999, whereby the court allowed the
application filed by Sri.K.R.Muraleedharan. The brief facts would reveal
that the applicant was the licensee of toddy shop No.22. The applicant
would contend that it was his father K.T.Ramakrishnan, who was
conducting the toddy shop and the employees were engaged by him and
therefore Sri,Ramakrishnan was the employer and the others were the
employees. There is default in paying E.S.I contribution and it was paid
belatedly and so proceedings were initiated under Section 85 B of the Act
for recovery of damages. The Inspector attached to the Corporation also had
submitted a report to the effect that though the applicant before the court
below was the son of Sri.Ramakrishnan, the employees were engaged only
by Sri.Ramakrishnan and so the employer-employee relationship was
between him and the workers. It appears that but for the fact that he is a
son and a licensee all other points would indicate that Sri.Ramakrishnan
INAP 12/2003 -:2:-
was the employer. Now the Corporation has initiated recovery proceedings
for damages against the son of Ramakrishnan, who is not the employer.
Section 85B mandates that such proceedings can only be initiated against
the employer. Therefore the court below found that being not an employer
no action can be initiated against the applicant therein. I find that the said
approach of the court is in conformity with law and the order passed also is
proper and therefore it does not call for any interference. Therefore the
appeal fails and the same is dismissed.
M.N.KRISHNAN, JUDGE
Cdp/-