IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 16836 of 2010(D) ----------------------------------------- PETITIONER(S): ------------------------- THE MARAVANTHURUTHU HANDLOOM WEAVER'S SERVICE CO-OPERATIVE SOCIETY LTD.NO.3504, KULASEKHARAMANGALAM PO,VAIKOM, REPRESENTED BY ITS PRESIDENT VIJAYAMMA. BY ADVS. SRI.P.V.BABY, SRI.R.KIRAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR(F) DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EMPLOYEES STATE INSURANCE CORPORATION,SUB REGIONAL OFFICE(KOLLAM), KURUMPELIL AVENUE, POLAYATHODE, KOLLAM-691 021. R2 BY ADV. SRI. P.SANKARANKUTTY NAIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 16836 OF 2010 D ----------------------------------------------------------- Dated this the 1st June, 2010. JUDGMENT The petitioner society is a handloom weavers' co-operative society having 286 members. There is only one paid employee who is being paid salary according to the scheme prescribed by the Kerala Co-operative Societies Act (the 'Act' for short) and the Rules thereunder. The members of the Society are being paid for the weaving done by them on piece rate basis. The members of the society are not employees coming within the scope of the Employees State Insurance Act, 1947. Therefore, the petitioner is not liable to remit contributions in respect of such persons under the ESI Act. 2. In view of the above, the petitioner has sought exemption under Sections 87 and 88 of the Employees State Insurance Act. The matter is still pending consideration of the Government. The petitioner seeks appropriate directions to the first respondent to consider the question of exemption of the petitioner society and to pass orders thereon on an early date. The learned Govt. Pleader has no objection to such a direction being issued. 3. In the above circumstances this writ petition is disposed of WPC 16836/2010 2 directing the first respondent to consider the applications filed by the petitioner under Sections 87 and 88 of the Employees State Insurance Act, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Until final orders are passed as indicated above, coercive steps against the petitioner for enforcement of the provisions of the ESI Act shall be kept in abeyance. K. SURENDRA MOHAN Judge jj WPC 16836/2010 3