1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 14.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN WP(MD)No.2327 of 2011 And MP(MD)No.1 of 2011 Kajah Enterprises Private Limited, Rep.by its Joint Managing Director, Post Box No.12, No.48, South Mount Road, Tirunelveli Town, Tirunelveli District. :Petitioner -Vs- 1.The State of Tamil Nadu, Rep.by its Secretary Department of Labour & Employment, St.George Fort Chennai – 600 009. 2.The Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Sindupoonthurai, Tirunelveli – 627 001 :Respondents PRAYER:Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 2nd respondent from proceeding any further in pursuance of the notice issued by him in his proceedings No.66/12458/10/C-18(Act/442/10/INS/SRO/TLI dated 25.01.2011 pending disposal of the exemption application dated 05.04.2010 on the file of the 1s respondent and consequently to direct the 1st respondent to consider the application dated 05.04.2010 preferred by the petitioner seeking exemption under Section 87 r/w Section 91-A of the ESI Act for the period from 01.01.2010 to 31.12.2010 and pass suitable orders thereon in accordance with law within a period that may be stipulated by this Court. For Petitioner : Mr.M.Ajmalkhan For Respondent-1 : Mr.D.Sasikumar,Govt.Advocate For Respondent-2 : Mr.K.C.Ramalingam ORDER Heard Mr.M.Ajmal Khan, the learned counsel appearing for the petitioner, Mr.D.Sasikumar, the learned Government Advocate appearing for the first respondent and Mr.K.C.Ramalingam, learned counsel appearing for the 3r respondent. 2.The petitioner has come up with the present writ petition for a Mandamus, forbearing the 2nd respondent from proceeding any further in pursuant to the notice issued by him dated 25.01.2011 pending disposal of the exemption application before the first respondent dated 05.04.2010 and also to direct the first respondent to consider the application dated 05.04.2010 preferred by him seeking exemption under Section 87 r/w Section 91-A of the ESI Act. 3.The case of the petitioner in nutshell is stated hereunder:- The petitioner is a Private Limited Company engaged in the manufacture and sale of beedies. The provisions of Employees' State Insurance Act, 1948 was implemented with reference to the petitioner Company during 1986. The petitioner, considering the peculiar nature of the work involved in Beedi https://hcservices.ecourts.gov.in/hcservices/ 2 industry, applied to the first respondent for exemption from the purview of the Act. The first respondent granted exemption to the petitioner from the implementation of the Act with effect from 01.01.2004. The petitioner in respect of the earlier period sought exemption and filed a writ petition in W.P.No.10851 of 2007. However, by an order dated 06.10.2010 the said writ petition was dismissed on the sole ground that the petitioner has not chosen to challenge the demand made by the second respondent for the exemption claimed period. Aggrieved over the same, the petitioner preferred an appeal in W.A.No.911 of 2010. 4.As the amended provisions contained in Section 87 r/w 91-A of the Act provided for exemption for a period of only one year, the petitioner made an application dated 05.04.2010 to the first respondent seeking exemption for the period from 01.01.2010 to 31.12.2010 and the same is pending consideration by the first respondent. While so, the second respondent has chosen to issue the impugned notice dated 25.01.2011 proposing to determine the contribution payable by the petitioner for a period from 4/10 to 12/10 When the application is pending before the first respondent for exemption, the second respondent cannot initiate such proceedings. Hence, the petitioner has approached this Court by filing the present writ petition. 5.It is not in dispute that the petitioner made a claim of exemption as per the amended provisions contained in Section 87 r/w 91A of ESI Act, which provides for exemption by the Government. The said application preferred by the petitioner dated 05.04.2010 is not so far considered by the first respondent. In the meanwhile, the second respondent has chosen to issue the impugned notice dated 25.01.2011 proposing to determine the contribution payable by the petitioner for a period from 04/10 to 12/10. Hence, the petitioner has come up with the present writ petition for the relief stated earlier. 6.Considering the fact and circumstances, it would be suffice to direct the first respondent to dispose of the application preferred by the petitioner dated 05.04.2010 seeking exemption, as provided under Section 87 r/w 91A of ESI Act, within a period of eight weeks from the date of receipt of a copy of this order. Till such consideration, the second respondent shall not proceed with the matter further. 7.The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The Secretary, The State of Tamil Nadu, Department of Labour & Employment, St.George Fort Chennai – 600 009. 2.The Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Sindupoonthurai, Tirunelveli – 627 001 +1CC to Mr.M.Ajmalkhan, Advocate. SR.No.6349. +1CC to Mr.K.C.Ramalingam, Advocate. SR.No.6322. +1CC to The Special Government Pleader. SR.No.6551. MPK ORDER MADE IN WP(MD)No.2327 of 2011 RP/30.03.2011/2P/6C. 14.03.2011. https://hcservices.ecourts.gov.in/hcservices/