IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 36530 of 2008(W) -------------------------- PETITIONER(S): --------------- 1. KASARAGOD KEL EMPLOYEES UNION,(CITU), REG.NO.14/06/90, REP.BY ITS GENERAL SECRETARY, KEL, BEDREDKA.P.O, KASARAGOD DIST. 2. KEL EMPLOYEES ASSOCIATION (INTUC), REG.NO.14-3/91,REP.BY ITS GENERAL SECRETARY, KEL, BEDREDKA, KASARAGOD DIST. 3. KEL WORKERS UNION(STU),REG.NO.14-5/93, REP.BY ITS GENERAL SECRETARY, KEL BEDREDKA.P.O, KASARAGOD DIST. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. KERALA ELECTRICAL ALLIED ENGINEERING COMPANY LTD, (A GOVT.OF KERALA UNDERTAKING)HAVING THE CORPORATE OFFICE AT 7TH FLOOR, HOUSING OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI-36. 3. EMPLOYEES STATE INSURANCE CORPORATION, REGD OFFICE(KERALA),PANCH DEEP BHAVAN, N.S.ROAD, THRISSUR-20;REP.BY ITS DEPUTY DIRECTOR. ADVS. SRI. P. SANKARANKUTTY NAIR ,SC, ESI SRI. ASOK M. CHERIAN, SC, KEL GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 36530 of 2008 --------------------------------- Dated this the 11th day of December, 2008. JUDGMENT The petitioners, registered trade unions representing the workmen of the second respondent establishment, submit that better medical facilities are made available to the employees by the management than under the ESI Act and therefore hitherto the second respondent has been exempted by the first respondent from the operation of the provisions of the ESI Act. An application for exemption for the current year is pending in this behalf as Ext.P8 before the Government and the same is to be considered. 2. I heard learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel for the ESI corporation. In the circumstances, the writ petition is disposed of directing the first respondent to consider Ext.P8 and take a decision thereon, taking note of the orders of exemption passed for the previous years as well after notice to the second respondent and the ESI corporation. This shall be done within a WPC.36530 /2008 2 period of four months from the date of receipt of a copy of this judgment. Status quo as regards the availability of medical facilities shall continue till an order is passed on Ext.P8. V. GIRI, JUDGE. Pmn/ WPC.36530 /2008 3