IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Ins.APP.No. 52 of 2007(F) ------------------------- IC.2/2002 of ESI COURT,IDUKKI .................... APPELLANT/APPLICANT ---------------------------------- M/S. SAKHI PUBLICATIONS, S.H.MOUNT, NATTASSERY, KOTTAYAM, REPRESENTED BY ITS PARTNER REGI KURIAKOSE. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): OPPOSITE PARTY --------------------------------------------------- EMPLOYEES STATE INSURANCE CORPORATION, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR, REPRESENTED BY ITS REGIONAL DIRECTOR. ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 16/10/2008 , THE COURT ON THE SANE DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = INS.APPEAL NO. 52 OF 2007 = = = = = = = = = = = = = = = Dated this the 16th day of October, 2008. J U D G M E N T This appeal is preferred against the judgment of the Employees Insurance Court, Idukki in I.C.2/02. It was an application filed by the establishment challenging the direction to remit amounts by the Corporation on the basis of Ext.B1 order. It is submitted that some of the works were entrusted to Sri. V.S. Joy, P.C. Jayan, P.K. Chacko and Shaji.N.C. and the establishments entrusted with the work, according to the applicant, are Sakthi Printing and Publishing Company Pvt. Ltd., Moni Printers, V.S. Joy & Company and P.C. Jayan and Company. The only argument advanced before me is that even if the labour charges paid are taken into account under Section 2(9) of the E.S.I. Act it may not be correct to add it with the cost of materials purchased for the purpose of carrying out the work. On a reading of the entire order it can be seen there has been laches on the part of the appellant. But it is a fact that when binding is to be Ins. Appeal 52 OF 2007 -:2:- effected materials are to be purchased. Learned counsel for the appellant submits before me that if an opportunity is given the appellant will be in a position to prove that they had purchased materials which should not be taken into account for the purpose of calculating the amount. It is also to be stated that there is only a solitary bill for Rs.42/- which evidences purchase of materials. Therefore I feel an opportunity can be given to produce that documents from the persons with whom the work has been entrusted so far as it relates to purchase of materials and a finality can be arrived at after the same. Therefore the order under challenge is set aside to the limited extend so as to give an opportunity to the appellant to call for the documents relating to the purchase of materials done by the four companies to whom the applicant has entrusted the work. The E.S.I. Corporation shall give an opportunity to the applicant to do the same and on a consideration of the materials and its genuineness and validity, appropriate orders can be passed by the E.S.I Corporation in accordance with law and then proceed to realise the amount. The E.S.I. Corporation shall fix the date directing the person to appear Ins. Appeal 52 OF 2007 -:3:- to take steps regarding the production of documents. The entire proceedings may be completed and orders passed within a period of three months. M.N. KRISHNAN, JUDGE. ul/-