IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 9815 of 2009(Q) ------------------------- CC.471/2004 of C.J.M.,THRISSUR .................... PETITIONER(S): --------------- L.KANTHIMATHI AMMA, PROPRIETRIX, M/S. REKHA CLAY PRODUCTS, CHENGALOOR.P.O., PUDUKKAD, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EMPLOYEES STATE INSURANCE CORPORATION, REP. BY THE INSPECTOR, EMPLOYEES STATE INSURANCE CORPORATION, THRISSUR. GOVERNMENT PLEADER SRI. AMJAD ALI ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- W.P(C)No. 9815 OF 2009 --------------------------------- Dated this the 1st day of April, 2009 JUDGMENT This writ petition is filed with a prayer to direct the Chief Judicial Magistrate, Thrissur to keep all proceedings in C.C. 471/04 and C.C. 42/08 in abeyance till disposal of I.C. 3/09 by the Employees State Insurance Court, Palakkad. The brief facts necessary for the disposal of this petition is as follows: 2. The prosecution has been initiated for non payment of contribution for the period from 1.4.2000 to 15.6.2002 and from 6.1.2003 to 31.3.2003 under Section 85(a) (c) & (g) of the Employees State Insurance Act. Similar proceedings are also initiated for the recovery of the amount due for the subsequent period. It is seen from Ext. P3 that the present petitioner had approached the Employees Insurance Court, Palakkad under Sections 75 & 77 of the Employees State Insurance Act challenging the correctness of the amount imposed under the provisions of the Employees State Insurance Act. The amount that is under challenge comes Rs. 4,56,177/- which will take in the claim in both the criminal cases. So here is a situation where the liability to pay the amount as contribution is under challenge W.P(C) 9815/2009 -2- and pending before a competent court for adjudication. It is for the default of the payment of the amount so alleged the criminal prosecution is initiated. In order to resolve the dispute correctly the first question to be decided would be whether the petitioner herein is liable to pay any amount as claimed under the Employees State Insurance Act. Since that matter is pending adjudication before the Employees Insurance Court, it is only just and proper that the present criminal proceedings are kept in abeyance till a final decision is taken by the Employees Insurance Court in the proceedings pending before the same. I make it clear that the criminal proceedings are only to be kept in abeyance and not closed. The proceedings pending before the Employees Insurance Court, Palakkad is I.C. 3/09. In the result, the W.P(C) is disposed of as follows: The further proceedings in C.C. 471/04 and C.C. 42/08 pending before the Chief Judicial Magistrate, Thrissur is directed to be kept in abeyance till a final decision is taken in I.C. 3/09 pending before the Employees Insurance Court, Palakkad. The W.P(C) is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm