IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Ins.APP.No. 47 of 2004() ------------------------ IC.48/2002 of ESI COURT, PALAKKAD DATED 27/04/2004 .................... APPELLANT:OPP.PARTY: --------------------------------------- REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, THRISSUR. BY ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. RESPONDENT(S): APPLICANT: ------------------------------------------------ P.G.PARAMESWARA IYER & SONS, 11/1256, MANANCHIRA ROAD, PALAKKAD, REPRESENTED BY ITS MANAGING PARTNER P.G.NARAYANA SWAMY. BY MR.A.M.SHAFFIQUE, SENIOR ADVOCATE, MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.P.BENNY THOMAS. THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 8/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. -------------------------------------------------------- INSURANCE APPLICATION NO.47/04 -------------------------------------------------------- Dated 8th June 2009 Order JOSEPH, J. In an application filed by the respondent, the Insurance Court disposed of the same by holding that the respondent is not liable to pay contribution on unloading charges. This is on the basis of the decision of this Court in ESI Corporation v. Babu Rao (2003(3) KLT 805). 2. We heard the learned counsel for the appellant and the respondent. It is common case that the Apex Court has disposed of the appeal filed against the decision of this court mentioned above and it took the view that the matter has been decided with the junction of the State Government and the Committee. We respectfully follow the same, allow this Appeal and set aside the impugned order and the matter will be redone with the junction of the State Government and the Committee. K.M.JOSEPH, JUDGE M.L.JOSEPH FRANCIS, JUDGE sta INS.APPLN.47/04 2