IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 34256 of 2010(F) ---------------------------------------- PETITIONER(S): ---------------------- KERALA KHADI AND VILLAGE INDUSTRIES BOARD,VANCHIYOOR.P.O, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.K.P.HARISH, SC, KERALA KHADI BOARD RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT DIRECTOR,THE EMPLOYEES STATE INSURANCE COPORATION,SUB REGIONAL OFFICE (KOLLAM), (DIVISIONAL OFFICE), ST.THOMAS SHOPPING COMPLEX, CROSS JUNCTION, Q.S.ROAD, KOLLAM-691 021. 3. THE REVENUE RECOVERY OFFICER, EMPLOYEES' STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH ROUND, TRICHUR-20. R1 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. R2 & R3 BY ADV. MR.P. SANKARANKUTTY NAIR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 34256 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2010 J U D G M E N T The petitioner challenges Ext.P7, P8 and P8(a) proceedings initiated for the purpose of recovering the arrears determined in terms of Section 45(A) of the Employees State Insurance Act,1948 (for short 'ESI Act'). According to the petitioners they have already approached the Government by filing Ext.P4 to P6(a) seeking exemption from the purview of ESI Act in terms of section 87 r/w 91 A of the ESI Act. As the said applications are pending before the Government, the respondents are not justified in initiating proceedings for effecting recovery of the assessed amount in terms of the order under 45 A, it is contended. 2. I have heard the learned counsel for the petitioner, the learned Standing Counsel for the respondents 2 and 3 and the learned Government Pleader. 3. Admittedly, Exts.P4 to P6(a) applications submitted by the petitioner for getting exemption from the purview of ESI Act under section 87 r/w 91 A of the ESI Act are pending WPC.No.34256/2010 : 2 : before the Government. The learned counsel for the petitioner further submits that on earlier occasion after consideration of such applications exemption has been given till 2008. Considering all these aspects this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Exts.P4 to P6(a) expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Till Government consider Exts.P4 to P6 (a) and takes a decision thereon the respondents 2 and 3 shall keep in abeyance all further proceedings pursuant to Exts.P7, P8 and P8(a). Needless to say that the necessity to proceed with Exts.P7, P8 and P8(a) will depend upon the outcome of the said applications. Disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge