IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Ins.APP.No. 75 of 2006(A) ------------------------ IC.60/2004 of ESI COURT, PALAKKAD .................... (S): APPELLANT/OPPOSITE PARTY -------------------------------------------- E.S.I. CORPORATION, (REPRESENTED BY ITS REGIONAL DIRECTOR), THRISSUR. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENT(S): APPLICANT ------------------------------------ M/S.S.M.P. TEA (P) LTD., (REPRESENTED BY ITS DIRECTOR, MR.ASOK.K), PATHINALANGAL, WALAYAR DAM P.O. ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE SRI.E.K.NANDAKUMAR THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - INS. APPEAL NO: 75 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th Day of June, 2009. JUDGMENT Joseph J. By the order impugned, the Insurance Court has taken the view that the appellant, E.S.I. Corporation is not justified in demanding the contribution. This view was taken, following the judgment of this court in 2003(3) KLT 805, (ESI Corporation Vs. Babu Rao). 2. Heard the learned counsel for the appellant, and counsel appearing on behalf of the respondent/ applicant. 3. Learned counsel for the Insurance Company pointed out that subsequently the Apex Court has remanded INS. APPEAL NO: 75 OF 2006 : 2 : the matter back and taken the view that the issue must be decided with the junction of the committee. In the light of this judgment, we allow this appeal and the matter is remanded back to the Insurance Court, where the issue must be decided with the junction of the committee. K.M.JOSEPH, JUDGE. M. L. JOSEPH FRANCIS, JUDGE. dl/