IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Ins. APP.No. 70 of 2004() ------------------------ IC.7/2003 of E.I.COURT, KOLLAM .................... 1ST RESPONDENT --------------- THE REGIONAL DIRECTOR, ESI CORPORATION, THRISSUR. BY ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. RESPONDENTS: APPLICANT AND 2ND OPP: PARTY ----------------------------------------- 1. THE MANAGING DIRECTOR, KERALA CO-OP. MILK MARKETING FEDERATION LTD., MILMA BHAVAN, PATTOM, TRIVANDRUM. 2. THE CHIEF EXECUTIVE, THE KERALA HEADLOAD WORKERS WELFARE BOARD, ERNAKULAM. BY ADV. SRI.A.V.RAMAKRISHNA PANICKER, SC,KHLWWB- R2 SRI.K.ANAND (A.201)- R1 SMT.LATHA KRISHNAN - R1 SRI.BABU KARUKAPADATH, SC,KHLWWB - R2 SRI.RENIL ANTO KANDAMKULATHY,SC,KHLWWB THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- Insurance Appeal No. 70 OF 2004 --------------------- Dated this the 29th day of May, 2008 JUDGMENT This appeal is preferred against the order of the Employees Insurance Court, Kollam, in Insurance Case No.7/03. A perusal of the award would reveal that two petitions namely Insurance Case Nos. 7 & 8/2003 were disposed of by a common judgment whereby Exts.A4 and A5 orders of the Corporation were quashed. The appeal against Insurance Case No.8/03 was filed before this court as Insurance Appeal No.1/05. After considering the entire materials this court found that the Employees Insurance Court has relied upon the decision of E.S.I.Corporation v. Babu Rao [2003 (3) KLT 805]. The said decision was set aside by the Apex court and was remanded to the ESI court for fresh consideration. Therefore this court in Insurance Appeal 1/05 found that the order is to be set aside and the matter is to be remanded back to the court below with a direction to implead the State also as a party and dispose of the matter afresh. This court further found that the remand is made to give another opportunity to the Kerala Headload workers Welfare Board to raise Ins. Appeal No.70/04 2 its contentions if any and also to adduce evidence. Similar decision has to follow in this case as well. Therefore I partly allow the appeal and set aside the award passed by the ESI court in Insurance Case No.7/03 and the case is remitted back to the court below for fresh disposal. The ESI court shall issue notice to the 2nd respondent and also implead the State a additional party and dispose of the matter afresh in accordance with law. M.N.KRISHNAN, JUDGE vps