IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17342 of 2008(M) -------------------------- PETITIONER: ------------ THE TALIPARAMBA SERVICE CO-OPERATIVE BANK LTD.NO.F.1264, REPRESENTED BY ITS SECRETARY, TALIPARAMBA P.O., KANNUR DISTRICT. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGIONAL DIRECTOR, E.S.I. CORPORATION, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR-20. 3. THE DISTRICT LABOUR OFFICER, KANNUR, COLLECTORATE P.O., KANNUR. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR, COLLECTORATE P.O., KANNUR DISTRICT. BY ADV. SRI. P. SANKARANKUTTY NAIR GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 17342 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th June, 2008. J U D G M E N T Petitioner applied for exemption from the provisions of the Employees' State Insurance Act. The same was rejected by Ext. P5 order. According to the petitioner, the petitioner has been enjoying the benefit of exemption up to 2005 and only when the petitioner applied for exemption for the period from 1-1-2006 to 31-12-2008, Ext. P5 order of rejection has been passed. According to the petitioner, the same has been passed without application of mind in so far as the situation prevailing is the same as in 2005. The petitioner therefore seeks quashing of Ext. P5 and re-consideration of the petitioner's application for exemption after affording an opportunity of being heard to the petitioner. 2. I have heard the learned Government Pleader as also the learned standing counsel for the E.S.I. Corporation. After having heard all parties, I feel that the matter should be re-considered by the 1st respondent after affording an opportunity of being heard to the petitioner as well as the E.S.I. Corporation. Accordingly, the writ petition is disposed of with a direction to the 1st respondent to consider and pass fresh orders on the application for exemption, which was rejected by Ext. P5, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment, after affording opportunity of being heard to the petitioner, representative of the employees of the petitioner and the E.S.I. Corporation. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 1st respondent for compliance. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.