IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 20250 of 2008(I) ------------------------------------ PETITIONER : ------------------ E.NAZARUDHEEN, GENERAL CONVENER, KERALA STATE CIVIL SUPPLIES CORPORATION, HEAD LOAD WORKERS SAMYUKTHA SAMITHI, KSCSC DISTRICT DEPOT, KOLLAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS : ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LABOUR AND REHABILITATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. EMPLOYEES STATE INSURANCE CORPORATION, REPRESENTED BY REGIONAL DIRECTOR, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR. 3. KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REPRESENTED BY ITS SECRETARY, MAVELI BHAVAN GANDHI NAGAR, COCHIN-20. 4. ASSISTANT MANAGER, DISTRICT DEPOT, KERALA STATE CIVIL SUPPLIES CORPORATION, KOLLAM. BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO - R3,4 GOVERNMENT PLEADER SRI.I.V.PRAMOD SMT.T.D.RAJALAKSHMY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 20250 OF 2008 ==================== Dated this the 7th day of July, 2008. J U D G M E N T The petitioner is the convener of a union of employees of the Kerala State Civil Supplies Corporation. The grievance of the petitioner in this writ petition is that despite the fact that the period of exemption from the provisions of the Employees State Insurance Act granted to the Kerala State Civil Supplies Corporation has already expired, the respondents 3 and 4 are not paying contributions in respect of the employees under the Employees State Insurance Act. The petitioner therefore seeks the following reliefs: i) Issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd and 4th respondents to remit the statutory ESI dues of the 165 workers represented by Petitioner and engaged by the 4th respondent at the depot of the 4th respondent at Kollam. ii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 4th respondent to remit the statutory dues of all the 165 workers represented by Petitioner under the ESI Act, along with all arrears till date. iii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 2nd respondent to initiate appropriate measures to collect ESI contributions and arrears from the 3rd and 4th respondents relating to the 165 workers represented by Petitioner and engaged by the 3rd W.P.(C).No. 20250 OF 2008 2 and 4th respondents and compel the 3rd respondent to remit the statutory dues under Section 40 of the ESI Act. 2. I have heard the standing counsel for the 2nd and 3rd respondents also. 3. I am of opinion that the Employees State Insurance Corporation has all the powers to enforce payment of contributions under the Employees State Insurance Act by any covered establishment. That being so, the remedy of the petitioner lies in approaching the 2nd respondent-Employees State Insurance Corporation for appropriate reliefs. The petitioner points out that the petitioner has already filed Ext.P3 addressed to various authorities including the Employees State Insurance Corporation. In the above circumstances, the writ petition is disposed of with a direction to the 2nd respondent to take appropriate action as warranted by law on Ext.P3 representation submitted by the petitioner. Even if Ext.P3 has not been received, the 2nd respondent shall consider the grievance of the petitioner on the basis of this writ petition and take appropriate action thereon. S.SIRI JAGAN, JUDGE bkn/-