IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Ins.APP.No. 14 of 2008() ------------------------ IC.23/2006 of E.I.COURT, PALAKKAD .................... APPELLANT/OPPOSITE PARTY: ------------------------------- E.S.I. CORPORATION, REPRESENTED BY THE REGIONAL DIRECTOR, NORTH SWARAJ ROUND THRISSUR-680 020 BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENT/APPLICANT: --------------------- M/S.CHERTHALA SOUTH COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD. NO.96 CHERTHALA SOUTH P.O., PIN-688 552. BY THIS INSURANCE APPEAL HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- INSURANCE APPEAL.NO.14 OF 2008 () ----------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T KOSHY,J. Respondent is a Co-operative Society owned by the Coir workers. A demand was issued by the appellant E.S.I.Corporation for covering the above establishment. Society was running on heavy loss. The Society applied for exemption and Government of Kerala granted exemption from 1.4.1983 to 31.3.2004. But despite that, by revenue recovery proceedings, an amount of Rs.1,03,958/- was recovered from the Integrated Coir Development Project account maintained in the name of respondent Society. The contention of the E.S.I.Corporation is that the Government granted exemption with a condition that the amount paid shall not be refunded. E.I.Court held that the amount was not paid during the contribution period, subsequently, by taking the revenue recovery proceedings and the above condition is not INS.AP.14/2008 2 applicable. When the appeal came up for admission, we requested the counsel for the appellant to verify whether any benefits at all are given to employees of the Society during the period and it is submitted that no benefits were given to the employees of the Society. So, without giving any benefits to the employees of the Society for the period, the amount realised from the exempted Society has to be refunded. Therefore, the amount forcibly taken, without giving any benefits, was ordered to be refunded. We see no ground to interfere in the impugned order, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008