IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 26819 of 2008(P) -------------------------- PETITIONER: ------------ THE KERALA HEAD LOAD WORKERS WELFARE BOARD,KOCHI-18,. REPRESENTED BY ITS CHIEF EXECUTIVE. BY ADV. SRI.KOSHY GEORGE RESPONDENTS: ------------- 1. THE REGIONAL DIRECTOR, E.S.I.CORPORATION,THRISSUR. 2. A.BANSI,PROPRIETOR, M/S.PREMIER PAPER DISTRIBUTORS, M.G.ROAD , THIRUVANANTHAPURAM. 3. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY, LABOUR AND REHABILITATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. EMPLOYEES INSURANCE COURT, KOLLAM. BY GOVT. PLEADER SHRI.I.V.PRAMOD SHRI.P.SANKARANKUTTY NAIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.26819 of 2008 ================== Dated this the 4th day of September, 2008 J U D G M E N T The petitioner is the Kerala Headload Workers' Welfare Board. In respect of the proceedings under the Employees' State Insurance Act (“the Act” for short) for treating the petitioner as an employer in respect of the headload workers under the Headload Workers Act, the petitioner has been impleaded as a party to Insurance Case No.8/2003 before the 4th respondent, filed by the 2nd respondent. In respect of the subject matter, the petitioner sought legal advice and it is submitted that they have been advised to apply before the 3rd respondent for retrospective exemption from the provisions of the Act. In the above circumstances, they have filed an application for exemption, which has been received by the Government and is pending as is evidenced by Ext.P2. However, in the meanwhile, the insurance case stands posted to 16.9.2008 for disposal. The contention is that, if before the application for exemption is considered and decided, the 4th respondent disposes of the insurance case, the w.p.c.26819/08 2 same would seriously prejudice the petitioner. In the above circumstances, the petitioner seeks a direction to the 3rd respondent to consider and pass orders on the application filed by them as is evidenced by Ext.P2 communication from the Government, expeditiously, and to direct the 4th respondent to postpone consideration of the insurance case in the meanwhile. 2. I have heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the 1st respondent and the learned Government Pleader appearing for the 3rd respondent. In the nature of the order I propose to pass, I do not think it necessary to issue notice to respondents 2 and 4. 3. In so far as the application for exemption from the provisions of the Act is pending and the order in that petition would have a direct bearing on the insurance case pending before the 4th respondent, it is only appropriate that passing of final orders in the insurance case be postponed till the Government decides and passes orders on the application filed by them. Accordingly, this writ petition is disposed of with the following directions: The 3rd respondent shall consider and pass orders on the w.p.c.26819/08 3 application referred to in Ext.P2 as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. In the meanwhile, the insurance case can be proceeded with by the 4th respondent. But final orders in the same shall not be passed till the Government takes a decision in the matter. I make it clear that the petitioner shall be allowed to file an application in the insurance case in the meanwhile and to take up contentions available to them under law. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge