IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 493 of 2007()
1. THE REGIONAL DIRECTOR,
... Petitioner
Vs
1. MR. H.SREEDHARAKAMMATH,
... Respondent
For Petitioner :SMT.T.D.RAJALAKSHMY, SC, ESI CORPN.
For Respondent :SRI.P.R.RAMACHANDRA MENON
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :12/07/2007
O R D E R
J.B.KOSHY & M.SASIDHARAN NAMBIAR, JJ.
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R.P.No.493 OF 2007 in
M.F.A.No.594 of 1999 and
C.M.Appl.No.777 of 2007
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Dated 12th July, 2007
ORDER
Koshy,J.
C.M.Appl.No.777 of 2007 is a petition to condone
the delay of 112 days in filing the review petition.
Petitioner wanted coverage of respondent’s establishment
from 1.10.1984 to 1.4.1990 on the basis of the amendment of
Section 2(12) with effect from 20.10.1989. Report of the
Local Office Manager stated that 11 persons were working on
2.7.1990. Before that employees’ strength was below 10. It
was also noticed that notice covering factories employing
ten or more persons came into effect from 20.10.89 as the
Act was amended with effect from 20.10.89. The Employees’
Insurance Court held that coverage can only with effect
from 20.10.89. It is the case of the petitioner that there
was a notification covering factories employing ten or more
persons with effect from 1984. That was not produced
before the E.I. Court or before this court even though
proceedings started by issuing show cause notice in 1991.
R.P.No.493/2007 2
Apart from the above, it is unjust for this court to
direct the employer to cover the employees retrospectively
with effect from two decades back as those employees might
have retired and no retirement benefits can be granted.
The Corporation cannot plead that they took one and a half
decades for tracing out the notification covering
establishments. Even if loss is caused to Corporation,
the Corporation is free to realize the amount from it’s
officers who failed to trace notification in time. There
is no ground to review the judgment. No satisfactory
grounds are made out to condone the long delay of 112 days
also. Hence, both delay condonation petition as well as
review petition are dismissed.
J.B.KOSHY
JUDGE
M.SASIDHARAN NAMBIAR
JUDGE
tks