IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K. SURENDRA MOHAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 Ins.APP.No. 42 of 2007() ------------------------------- IC.138/2003 of EMPLOYEES INSURANCE COURT, ALAPPUZHA ........................... APPELLANT /RESPONDENT ---------------------------------------- THE REGIONL DIRECTOR,E.S.I. CORPORATION PANCHDEEP BHAVAN,THRISSUR-20. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENT/APPLICANT --------------------------------------- M/S.KITEX GARMENTS LTD.,P.B.NO.5, KIZHAKKAMBALAM ALWAYE,ERNAKULAM, REP. BY ITS MANAGING DIRECTOR,SABU M.JACOB. ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR THIS INSURANCE APPEALS HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SMT R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- Insurance Appeal No.42 of 2007-F ------------------------------------------------- Dated this the 16th day of March, 2011 JUDGMENT Basant,J. This matter has come up for admission hearing. We have heard the learned counsel for the appellant and the learned counsel for the respondent. 2. In the light of the decision in E.S.I. Corporation v. Santhakumar [2007 (1) KLT 133 (SC)], we are satisfied that the impugned order has to be set aside and the Employees' Insurance Court must be directed to dispose of the matter afresh. The matter shall be considered afresh by the Employees' Insurance Court in the light of the observations in Santhakumar (supra). 3. The learned counsel for the respondent submits that the respondent wants to raise a contention that the amendment to Insurance Appeal No.42 of 2007 -: 2 :- Sec.45A which has come into effect from 1/6/2010 must apply retrospectively. Needless to say that contention can also be raised by the respondent before the Employees' Insurance Court. 4. In the result: (a) This appeal is allowed. (b) The impugned order is set aside. (c) The parties are directed to appear before the Employees' Insurance Court on 7/4/2011. (d) The Employees' Insurance Court shall dispose of the matter afresh on merits as expeditiously as possible. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge