IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Ins.APP.No. 60 of 2008() -------------------------------- IC.39/2004 of EMPLOYEES INSURANCE COURT, ALAPPUZHA .................... APPELLANT(RESPONDENT IN THE INSURANCE CASE) ----------------------------------------------------------------------------- THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, THRISSUR. BY ADV. SRI.T.P.M.IBRAHIM KHAN, SC, ESI CORPN. RESPONDENT(S): (APPLICANT IN THE INSURANCE CASE) ------------------------------------------------ M/S.EASTERN TREADS LTD, OONUKKAL.P.O, KOTHAMANGALAM VIA, ERNAKULAM, REPRESENTED BY ITS EXECUTIVE DIRECTOR. BY ADVS. SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SRI.K.JOHN MATHAI FOR R1 SRI.P.BENNY THOMAS FOR R1 SRI.ANIL D. NAIR FOR R1 THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: INS.APPEAL 60/2008 ORDER ON I.A. 2950/2008 IN INSURANCE APPEAL NO. 60/2008 DISMISSED SD/- M.N.KRISHNAN, JUDGE 28.1.2009 //TRUE COPY// P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- INSURANCE APPEAL No. 60 OF 2008 --------------------------------- Dated this the 28th day of January, 2009 JUDGMENT This is an appeal preferred against the order of the Employees Insurance Court, Alappuzha in I.C. 39/2004. It was an application filed for a declaration that the assessment and demand of ESI contribution in respect of wages paid to employees is unsustainable. The court below found that the employees who are attempted to rob in are tour employees and they were outside the State for more than 7 months in a year. Therefore by virtue of the governmental notification they are not to be included for the coverage under the E.S.I Act. The learned Insurance court had considered the matter by analyzing the evidence of PW1 as well as PW2. PW1 had clearly deposed before the court that the marketing staffs are always on tour and Exts. P6 series to P8 series are the vouchers regarding marketing staff who are always on tour. PW2 is one T.V. Kumar who was a marketing executive. He had deposed that he was a marketing executive during 1996-98 and through out the year the marketing staffs are on tour. It is also deposed by him that the tour programmes and tour reports are available in the head Insurance Appeal No. 60/2008 -2- office. So the Insurance Court on analysis of the facts available, arrived at a decision that the marketing staffs are on tour during most of the days in a year. The witness DW1 examined on behalf of the E.S.I Corporation would submit that he had not verified such a record to find out whether they are not out for more than 7 months. So the materials available would establish the factum that those persons were always on tour for most part of the year and as per Government notification those employees are exempted from the provisions of the E.S.I. Act. Therefore the E.S.I Court found that it cannot be taken into consideration for the purpose of contribution. The order of the E.S.I court does not suffer from any infirmity. Therefore the appeal lacks merit and accordingly it is dismissed. M.N. KRISHNAN,JUDGE vkm