IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 15248 of 1999(M) ----------------------- PETITIONER: ------------ THE ERNAKULAM DISTRICT WHOLESALE CO-OPERATIVE CONSUMER STORE LTD., NO.E.122, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.THAMPAN THOMAS SRI.JACOB CHACKO RESPONDENTS: ------------- 1. SECRETARY TO GOVERNMENT OF KERALA, LABOUR DEPARTMENT, SECRETARIATE, TRIVANDRUM 2. REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, THRISSUR REPRESENTED BY AUTHORISED OFFICER (DEPUTY DIRECTOR). 3. THE RECOVERY OFFICER, REGIONAL OFFICE (KERALA), EMPLOYEES' STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR. BY ADV. SMT.T.D.RAJALAKSHMI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.24744/1999 IN O.P.NO.15248/1999 DISMISSED. 11-1-2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRE COPY OF THE JUDGMENT DATED 24-2-1998 IN O.P.NO.2155/1991 PASSED BY THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM. EXT.P2. TRUE COPY OF THE EXEMPTION ORDER BY G.O.(RT) NO.311/99/LBR DATED 8-2-1999 ISSUED BY THE 1ST RESPONDENT. EXT.P3. TRUE COPY OF THE APPLICATION IN PROFORMA 'A' FOR THE PERIOD FROM 1-10-1986 TO 31-3-1987 SUBMITTED BY THE PETITIONER. EXT.P4. TRUE COPY OF THE ORDER RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT LEVYING THE AMOUNT FOR THE PERIOD FROM 1-10-86 TO 31-3-87. EXT.P5. TRUE COPY OF THE NOTICE RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT LEVYING THE AMOUNT FOR THE PERIOD FROM 1-4-87 TO 30-9-87 EXT.P6. TRUE COPY OF THE NOTICE RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT LEVYING THE AMOUNT FOR THE PERIOD FROM 1-10-87 TO 31-3-88. EXT.P7. TRUE COPY OF THE DEMAND RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT FOR THE PERIOD FROM 1-4-98 TO 30- 9-1998. EXT.P8. TRUE COPY OF THE NOTICE NO.54-1749-102- RECOVERY/20357 DATED 8-6-1999 RECEIVED BY THE PETITIONER FROM THE 3RD RESPONDENT. EXT.P9. TRUE COPY OF THE NOTICE NO.54-1749-102- RECOVERY/20358 DATED 8-6-1999 RECEIVED BY THE PETITIONER FROM THE 3RD RESPONDENT. EXT.P10. TRUE COPY OF THE NOTICE NO.54-1749-102- RECOVERY/20359 DATED 8-6-1999 RECEIVED BY THE PETITIONER FROM THE 3RD RESPONDENT. EXT.P11. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 9-6-1999 TO THE 1ST RESPONDENT. / TRUE COPY / P.S. to JUDGE KURIAN JOSEPH, J. ----------------------------------------- O.P. No. 15248 of 1999 ----------------------------------------- Dated this the 11th day of January, 2008 JUDGMENT Petitioner is aggrieved by Exts.P4 to P10 in the matter of recovery of alleged contribution to the ESI. Learned counsel for the petitioner submits that by virtue of government orders passed during the pendency of the writ petition, the petitioner is exempted from payment of contribution. In case any applications for exemption are pending before the first respondent, the first respondent is directed to pass orders on those applications with notice to the petitioner and the second respondent within a period of two months from the date of receipt of a copy of this judgment. Petitioner may produce the relevant orders regarding exemption before the second respondent, in which case the matter will be duly reconsidered by the second respondent with notice to the petitioner within another two months. The interim order passed by this court will continue till such time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.15248 of 1999 ----------------------------------- JUDGMENT 11th January, 2008