IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24883 of 2011(I) -------------------------- PETITIONER : --------------- MUSTAFA RAWTHER, FRANCHISE OWNER, M/S. NIFE (NATIONAL INSTITUTE OF FIRE ENGINEERING) RAVI'S ARCADE, NEAR IRON BRIDGE, KOLLAM. BY ADVS. SRI.S.M.ALTHAF SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): --------------- 1. ASST. DIRECTOR, SUB REGIONAL OFFICE, EMPLOYEES STATE INSURANCE CORPORATION, ST. THOMAS SHOPPING COMPLEX, CROSS JUNCTION, Q.S. ROAD, KOLLAM - 691 001. 2. RECOVERY OFFICER, SUB REGIONAL OFFICE, EMPLOYEES STATE INSURANCE CORPORATION, ST. THOMAS SHOPPING COMPLEX, CROSS JUNCTION, Q.S. ROAD, KOLLAM - 691 001. 3. BRANCH MANAGER, FEDERAL BANK LTD., IRON BRIDGE BRANCH, KOLLAM - 691 001. BY SMT. T.D.RAJALAKSHMI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24883 of 2011(I) APPENDIX PETITIONER(S) EXHIBITS :- EXHIBIT-P1- TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE KOLLAM CORPORATION. EXHIBIT-P2- TRUE COPY OF THE VISIT N0TE DATED 09/01/2009. EXHIBIT-P3- TRUE COPY OF THE LETTER DATED 29/05/2009 OF THE PETITIONER WITH DETAILS OF THE EMPLOYEES SUBMITTED TO THE FIRST RESPONDENT. EXHIBIT-P4- TRUE COPY OF THE LETTER DATED 19/10/2009. EXHIBIT-P5- TRUE COPY OF THE ORDER DATED 13/04/2010 EXHIBIT-P6- TRUE COPY OF THE LETTER DATED 11/10/2010. EXHIBIT-P7- TRUE COPY OF THE RECOVERY N0TICE DATED 12/08/2011 EXHIBIT-P8- TRUE COPY OF THE G.O(P)N0.135/2007/LBR RESPONDENTS' EXHIBITS :- NIL TRUE COPY P.A TO JUDGE amk P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 24883 OF 2011 -------------------------- Dated this the 20th day of September, 2011 J U D G M E N T Ext.P5 order passed by the first respondent under section 45- A of the Employees State Insurance Act, 1948 directing the petitioner to pay the sum of Rs.90,090/- as contribution to the Employees State Insurance Corporation for the period from 1.4.2008 to 31.3.2009 and Ext.P7 letter dated 12.8.2011 calling upon the petitioner to remit the said sum together with interest and other charges within 15 days from the date of receipt, are under challenge in this writ petition. 2. Ext.P5 order was passed on 13.4.2010 after notice to and affording the petitioner an opportunity of being heard. The said order has attained finality. Though the petitioner could have moved the Employees State Insurance Court under section 75 of the Employees State Insurance Act challenging Ext.P5, he did not chose to do so. When the order attained finality and Ext.P7 letter was sent demanding payment within 15 days, the petitioner approached this Court. Ext.P7 letter is dated 12.8.2011. More than a month has passed thereafter. The petitioner could have at least WPC No.24883/2011 2 after receipt of Ext.P7 letter moved the Employees State Insurance Court and sought appropriate orders. That having not been done, as Ext.P5 order has attained finality, I find no reason to entertain the writ petition at this stage. I accordingly decline jurisdiction and dismiss the writ petition reserving liberty with the petitioner to move the Employees State Insurance Court seeking redressal of his grievances. P.N.RAVINDRAN, (JUDGE) vps