IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 9691 of 2008(D) ------------------------- PETITIONER: --------------- KERALA STATE EX-SERVICE LEAGUE, KANNUR DISTRICT COMMITTEE, VIMUKTHABHADA BHAVANAM, BURNACHERY, CANNANORE, REPRESENTED BY ITS PRESIDENT CAPT. K.C. KRISHNA PILLAI BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------------ 1. E.S.I. CORPORATION, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, P.B. NO.2, THRISSUR, REPRESENTED BY ITS REGIONAL DIRECTOR. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.9691 OF 2008 ---------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT The petitioner is an organisation of Ex-Service men, who is employing its members as Security Guards in various organisations as per contracts. In view of the fact that the members enjoyed better medical facilities as Ex-Service men the organisation applied for exemption from the provisions of the Employees' State Insurance Act by Ext.P3 application. The grievance of the petitioner is that although the application has been filed on 16.4.2007, the same has not been disposed of yet. Therefore, they seek a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P3 expeditiously. 2. I have heard the learned counsel appearing for the petitioner, the learned Government pleader appearing for the 2nd respondent and the learned standing counsel appearing for the ESI Corporation. When an application under Section 87 of the Act is filed, the 2nd respondent has a duty to dispose of the same expeditiously. Therefore, I dispose of this writ petition with a W.P.(c) No.9691/08 2 direction to the 2nd respondent to consider and pass appropriate orders on Ext.P3 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner and the Corporation. Till final orders are so passed, no recovery shall be made. But if ultimately the application is dismissed, the petitioner would be liable for both employers and employees contributions. The petitioner shall forward a certified copy of the judgment along with a copy of this writ petition to the 2nd respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.9691/08 3