IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 29861 of 2011(G) ------------------------------------- PETITIONER : - ----------------------- KERALA STATE HANDICRAFTS APEX CO-OPERATIVE SOCIETY LTD NO.H.231 , MANNACHERIL BUILDING, KANNANTHODATH LANE, VALANJAMBLAM, KOCHI - 682 016, REPRESENTED BY ITS SECRETARY- IN - CHARGE. BY ADVS. SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKEN SRI.AJITH GEORGE RESPONDENTS: - ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, ERNAKULAM, MALU'S COMPLEX, ST FRANCIS CHURCH ROAD, KALOOR, ERNAKULAM, PIN 682 017. R1 BY GOVT. PLEADER SRI. G. GOPAKUMAR R2 BY ADV. SRI.P.SANKARANKUTTY NAIR, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29861 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE ORDER DATED 07.09.2009 EXEMPTING THE PETITIONER SOCIETY FROM THE PURVIEW OF THE EMPLOYEES' STATE INSURANCE ACT FOR A PERIOD OF ONE YEAR FROM 1st APRIL 2004 TO 31st MARCH, 2005. EXT P2 : COPY OF THE ORDER WAS PASSED EXEMPTING THE PETITIONER SOCIETY FOR ONE YEAR FROM 1st APRIL, 2006 TO 31st MARCH 2007, DATED NIL. EXT P3 : COPY OF THE ORDER OF THE GOVERNMENT EXEMPTING THE PETITIONER SOCIETY FOR THE NEXT YEAR FROM 1st APRIL, 2007 TO 31st MARCH 2008, DATED NIL. EXT P4 : COPY OF THE COVERING LETTER AND THE APPLICATION IN PROFORMA 'A' FOR EXEMPTION DATED 23.05.2009 AND TYPED COPY. EXT P5 : COPY OF THE COVERING LETTER DATED 02.09.2010 AND THE APPLICATION IN PROFORMA 'A'. EXT P6 : COPY OF THE REPRESENTATION DATED 16.07.2011 SUBMITTED TO THE HON'BLE MINISTER FOR LABOUR. EXT P7 : COPY OF THE ORDER DATED 20.10.2011 ISSUED BY THE 2nd RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 29861 of 2011 ----------------------------------------------- Dated this the 10th day of November, 2011 JUDGMENT The petitioner is a co-operative society registered under the Kerala Co-operative Societies Act, 1969. It was exempted from the purview of Employees State Insurance Act 1948, herein after 'the Act' for short, initially by Exhibit P1 order dated 7.9.2009 for a period of one year from 1.4.2004 to 31.3.2005, subject to the conditions enumerated therein. The order of exemption was being periodically renewed as can be seen from Exts. P2 and P3 orders and it was in force till 31.3.2008. Though the petitioner applied for exemption for the period from 1.4.2008 to 31.3.2009, in time the Government are yet to pass orders on the said application. The applications submitted by the petitioner society seeking exemption for the period from 1.4.2008 to 31.3.2010 and from 1.4.2010 to 31.3.2011 are also pending consideration of the Government. Since no orders have been passed on the applications for exemption for the period after 31.3.2008, the second respondent issued Ext. P7 order dated 20.10.2011 under Section 45 (A) of the Act demanding WP(C)No. 29861 of 2011 -2- payment of contribution to the tune of Rs.6,85,507/- for the period from 1.4.2009 to 31.3.2011. The instant writ petition was thereupon filed challenging Exhibit P7 order and seeking a direction to the State Government to pass orders on Exts.P4 and P5 applications. It is contended that as the petitioner has applied for continuation of the order of exemption which was valid up to 31.3.2008 in time, the second respondent ought to have awaited the decision of the Government before issuing Exhibit P7 order. 2. When the writ petition came up for hearing today, Sri. P.Sankarankutty Nair, learned standing counsel appearing for the Employees State Insurance Corporation submitted that as the petitioner was given exemption and the order of exemption was valid till 31.3.2008, the writ petition may be disposed of with a direction to the Government to pass orders on Exts. P4 and P5 applications and also on the application relating to the period from 1.4.2008 to 31.3.2009 and that until such time as orders are passed on the said application recovery pursuant to Ext.P7 will be kept in abeyance. In the light of the said submission, I dispose of the writ petition with direction to the State Government to pass appropriate orders on the applications submitted by the petitioner for exemption for the period from WP(C)No. 29861 of 2011 -3- 1.4.2008 to 31.3.2009, from 1.4.2009 to 31.3.2010 and from 1.4.2010 to 31.3.2011 expeditiously, and in any event within three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Labour and Rehabilitation Department. Until such time, Exhibit P7 order dated 20.10.2011 issued under Section 45 (A) of the Act shall not be enforced. Needless to say the State Government shall afford the representatives of the petitioner and Employees State Insurance Corporation an opportunity of being heard, before a decision is taken pursuant to this direction. The Government shall after orders are passed communicate copies thereof to both the parties. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge.