IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Ins.APP.No. 22 of 2009() ------------------------ IC.53/2005 of ESI COURT, PALAKKAD .................... APPELLANT/APPLICANT --------------------------------------- M/S.ZEENATH TEXTILES, KOTTAKKAL, REPRESENTED BY ITS MANAGING PARTNER, M.ABDUL RAHMAN HAJI, AGED 56 YEARS, S/O.LATE MOHAMMED HAJI, UNNEEN TOWER, TIRUR ROAD, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): OPPOSITE PARTIES ------------------------------- 1. ESI CORPORATION, REGIONAL OFFICE (KERALA) PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, POST BAG NO.2, THRISSUR, REPRESENTED BY ITS REGIONAL DIRECTOR, THRISSUR - 680020 2. ESI CORPORATION REGIONAL OFFICE (KERALA) PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, POST BAG NO.2, THRISSUR REPRESENTED BY ITS BY ITS ASST. REGIONAL DIRECTOR. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R1&2 THIS INSURANCE APPEALS HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... Ins.A.No.22 OF 2009 ............................................. Dated this the 13th day of January, 2010. J U D G M E N T Heard the learned counsel for the appellant as well as the respondents. 2. This appeal is preferred against the order of the Employees' Insurance Court, Palakkad in I.C.No.53/2005. An action was initiated by the E.S.I. Corporation for realisation of Rs.82,418/= towards contribution for the period from 24.8.2004 to 30.4.2005 in respect of M/s. Zeenath Textiles and M/s.Zeenath Garments on the basis of clubbed coverage. The issue was with respect to the clubbage of the two shops. 3. The learned insurance court after consideration of the materials held that M/s.Zeenath Garments and M/s.Zeenath Textiles are two independent establishments and there cannot be any clubbage. But, it proceeded further and held that M/s. Zeenath Textiles is having 22 employees and therefore, it is liable to be covered under the E.S.I. Act. It has to be stated that such an issue was : 2 : Ins.A.No.22 OF 2009 not before the E.I. Court at all. The establishments had challenged the question of clubbage before the E.I. Court and the court was only expected to answer the same but not to travel beyond the scope of enquiry which is contemplated in the proceedings. 4. Therefore, the whole procedure adopted by the E.I. Court is incorrect and there cannot be any finding without involvement of an issue by the court. So, I set aside the order passed by the insurance court and permit the E.S.I. Corporation to initiate fresh proceedings against M/s. Zeenath Textiles, if the E.S.I Corporation has got a contention that it is independently covered under the provisions of the E.S.I. Act. The appeal is allowed. M.N. KRISHNAN, JUDGE cl : 3 : Ins.A.No.22 OF 2009