IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 994 of 2008(R) ------------------------ PETITIONER: --------------- JYOTHI NIKETAN WOMEN'S COLLEGE, KOLLAM REPRESENTED BY THE ADMINISTRATOR, PROF: MILTON NETTO, PEACE VILLA, ERAVIPURAM P.O., KOLLAM. BY ADV. SRI.K.KARTHIKEYA PANICKER RESPONDENTS: ------------------ 1. THE JOINT DIRECTOR, DIVISIONAL OFFICE (KOLLAM), EMPLOYEES STATE INSURANCE CORPORATION, KURUMPELLI AVENUE, POLAYATHODE, KOLLAM 691 021. 2. INSURANCE INSPECTOR, INSPECTION OFFICE (KOLLAM), E.S.I CORPORATION, J.P.TOURIST HOME, PAIKADA ROAD, KOLLAM. BY SRI. P. SANKARANKUTTY NAIR – SC ESI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.994 OF 2008 ---------------------------------------- Dated this the 9th day of January, 2008 JUDGMENT The petitioner is aggrieved by Ext.P2, whereby on the assumption that the petitioner is an establishment liable to be covered under the ESI Act, the 2nd respondent has initiated proceedings for non-registration of the petitioner's establishment under the ESI Act. The petitioner's contention is that the petitioner establishment is not liable to be covered under the Act and since they have raised objections regarding coverage itself, without the 1st respondent taking a considered decision on the question of coverage itself, the 2nd respondent cannot force the petitioner to register their unit. 2. Learned standing counsel appearing for the respondents submits that a considered decision would be taken after hearing the petitioner also regarding the coverage itself and further proceedings would be only thereafter. This submission is recorded. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd