IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 15587 of 2009(P) --------------------------------------- PETITIONER(S): ---------------------- KERALA STATE CASHEW WORKER'S APEX INDUSTRIAL CO-OPERATIVE SOCIETY LTD., (CAPEX), P.B. NO. 262, CORPORATION BUILDING, KADAPPAKKADA P.O., KOLLAM- 691 008, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. MR.PIRAPPANCODE V.SREEDHARAN NAIR MR.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): ------------------------ 1. EMPLOYEE'S STATE INSURANCE CORPORATION, REPRESENTED BY ITS DIRECTOR GENERAL, NEW DELHI. 2. RECOVERY OFFICER, REGIONAL OFFICE, (KERALA), EMPLOYEES' STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR -680 020. R1 & R2 BY ADV. MR.P.SANKARANKUTTY NAIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V.GIRI,J. ------------------------- W.P ( C) No.15587 of 2009 -------------------------- Dated this the 9th June,2009 J U D G M E N T Petitioner, an Apex Society, is aggrieved by the proceedings taken by the respondents under the Employees State Insurance Act for recovery of contribution, damages and interest. I am not inclined to consider the petitioner's contentions on merit in circumstances where the petitioner, as rightly pointed out by the learned standing counsel for the respondents, has an efficacious alternate remedy under Section 75 of the Employees State Insurance Act. Accordingly the petitioner is relegated to avail the said remedy under the statute. To enable the petitioner to do so, respondents are directed to keep in abeyance the enforcement of Exhibit-P6 for a period of two months from today. In the meanwhile, petitioner may approach the ESI Court for appropriate orders within two months from the date of receipt of a copy of this judgment and after the period of W.P ( C) No.15587 of 2009 2 two months, it shall be abide by the orders to be passed by the ESI Court. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.15587 of 2009 3 W.P ( C) No.15587 of 2009 4