IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 5798 of 2009(T) ------------------------- PETITIONER(S): --------------- KERALA STATE DRUGS AND PHARMACEUTICALS LTD,REPRESENTED BY ITS MANAGING DIRECTOR,NEW BAZAR ROAD, KALAVOOR, ALAPPUZHA. BY ADV. SRI.V.JAYAPRADEEP RESPONDENT(S): --------------- 1. EMPLOYEES STATE INSURANCE CORPORATION REPRESENTED BY ITS ASSISTANT DIRECTOR,REGIONAL OFFICE, KERALA,PANCHDEEP BHAVAN,NORTH SWARAJ ROUND POST BAG NO.2,THRISSUR-680020. 2. STATE BANK OF TRAVANCORE MAIN BRANCH, ALAPPUZHA, REP; BY ITS MANAGER. 3. STATE OF KERALA REP; BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, INDUSTRIES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. SC FOR SBT K.S. DLEEP SC FOR ESI SRI. P. SANKARANKUTTY NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009 A/W.WP(c).No.5803/09 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).Nos.5798 & 5803 OF 2009 ------------------------ Dated this the 24th day of February, 2009. JUDGMENT Heard both sides. 2. Ext.P8 order marked in these writ petitions are under challenge. 3. These are prohibitory orders issued by the first respondent for realizing the contribution due under the ESI Act due from the petitioner establishment, which is covered under the said Act. 4. In an earlier occasion, when an order similar to Ext.P8 was issued, that was challenged before this court in WP(c).No.4563/09 and by judgment dated 13th February,2009 this court directed the petitioner to move the Government for exemption and it was directed that until orders thereon are passed, the prohibitory order produced therein will be kept in abeyance. It is now WP(c).No.5798/09 & another /2/ informed that in pursuance to the said judgment the petitioner has already moved the Government for exemption and that if orders favourable to the petitioner is passed, the same will govern the period in respect of which Ext.P8 orders referred above has been issued. 5. In view of the above facts, these writ petitions are disposed of directing that until orders are passed on the request already made by the petitioner for exemption in pursuance to the judgment in WP(c).No.4563/09, Ext.P8 orders issued by the first respondent will be kept in abeyance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.5798/09 & another /2/