IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34996 of 2011(Y) -------------------------- PETITIONER(S): --------------- 1. KERALA BOOKS AND PUBLICATION SOCIETY STAFF AND WORKERS UNION (INTUC) REPRESENTED BY GENERAL SECRETARY, C.J.JAMES (AGED 57 YEARS, S/O.C.D.JOSEPH, CHAZHOOR HOUSE), SOUTH KALOOR, COCHIN-682030. 2. KERALA BOOKS AND PUBLICATION EMPLOYEES ASSOCIATION (CITU), REPRESENTED BY SECRETARY, P.S.JATHAPPAN, (AGED 56 YEARS, S/O.P.K.SHEKHARAN, PUZHAKAREDATH HOUSE), KAKKANAD PO, COCHIN-682030. 3. KERALA BOOKS AND PUBLICATION EMPLOYEES FEDERATION (AITUC), REPRESENTED BY SECRETARY, K.K.SHALI (AGED 48 YEARS, S/O.A.K.K.KUMARAN, KANDARATH HOUSE EDAVANAKKADU, KOCHI. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SRI.JOBI.A.THAMPI SMT.NAZMIN ABDUL LATHEEF SMT.ASHIFA YOUSEFF RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, LABOURAND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM 2. THE KERALA BOOKS AND PUBLICATION SOCIETY DEPARTMENT, KAKKANAD PO, KOCHI-682030. 3. THE ASSISTANT DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, REP. BY ITS MANAGING DIRECTOR, MALUS COMPLEX, ST.FRANCIS CHURCH ROAD, KALOOR, KOCHI-682017 4. EMPLOYEES STATE INSURANMCE CORPORATION REP. BY ITS REGIONAL DIRECTOR, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, POST BAG NO.2, THRISSUR-680020. BY ADV.SRI.P.SANKARANKUTTY NAIR FOR R3 & 4 GOVERNMENT PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.34996/11 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTIFICATION DT 17.3.09. P2 COPY OF THE APPLICATION DT 18.3.09 P3 COPY OF THE NOTIFICATION DT 24.5.10. P3(A) COPY OF THE LETTER DT 4.5.11. P4 COPY OF THE LETTER DT 18.5.11. P5 COPY OF THE APPLICATION DT 14.2.11. P6 COPY OF THE LETTER DT 13.9.11. P7 COPY OF THE LETTER DT 20.10.11. P8 COPY OF THE LETTER DT 17.10.11. P9 COPY OF THE ORDER DT 31.10.11. P9(A) COPY OF THE ORDER DT 31.10.11. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 34996 of 2011 ``````````````````````````````````````````````````````````` Dated this the 23rd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Government Pleader takes notice for the first respondent. Sri.K.Anand, Standing Counsel, takes notice for the second respondent. Standing Counsel takes notice for respondents 3 and 4. 2. Petitioners are trade unions of employees of the second respondent establishment. Ext.P5 is an application made by the second respondent, invoking the power of the first respondent to exempt establishments from the provisions of the Employees State Insurance Act, 1948, seeking exemption of their establishment from the year 2011. This application is pending consideration of the first respondent. Meanwhile, contribution was recovered from the employees and is kept by the second respondent. It is stated that the Corporation has now issued Ext.P9 notice, calling upon the employer to remit the contribution. In this W.P.(C) No.34996/2011 : 2 : writ petition, petitioners seek direction for an expeditious consideration of Ext.P5 and to keep in abeyance further proceedings pursuant to Exts.P9 and P9(a) in the meanwhile. 3. Having heard both sides, I am inclined to think that the petitioners are justified in their prayer and so long as Ext.P5 is pending, it is premature to require the employer to remit the amounts. 4. Therefore, I dispose of the writ petition directing that the first respondent will pass orders on Ext.P5, as expeditiously as possible, at any rate, within eight weeks from the date of production of a copy of this judgment. It is directed that, in the meanwhile, further proceedings pursuant to Exts.P9 and P9(a) will be kept in abeyance. It is made clear that this Court has not gone into the merits of the contentions raised by both the parties. Sd/- (ANTONY DOMINIC, JUDGE) aks/23/12 // True Copy // P.A. To Judge