IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 21497 of 2009(F) -------------------------- PETITIONER(S): --------------- TRICHUR WHOLESALE CO-OPERATIVE CONSUMER STORES LIMITED NO.R.239, TRICHUR-1, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.P.RAMAKRISHNAN SMT.PREETHI RAMAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EMPLOYEES STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR, REPRESENTED BY ITS REGIONAL DIRECTOR. 3. THE RECOVERY OFFICER, EMPLOYEES STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR, STANDING COUNSEL SRI.T.P.M.IBRAHIM KHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 21497 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of August, 2009 JUDGMENT I have heard the learned counsel for the petitioner, learned Government Pleader and the learned standing counsel for the E.S.I. Corporation also. 2. Petitioner is a Wholesale Co-operative Consumer Stores and it has presently 17 employees. Its primary business is marketing and sale of consumer articles. According to the petitioner, its employees are the recipients of benefits under the Co-operative Employees’ Welfare Fund. It is sought to be covered by the Employees State Insurance Act. For an earlier period, the petitioner moved the Government for exemption from the provisions of the E.S.I Act. Contribution has been demanded from the petitioner from April 2006 to March 2007 and April 2007 to March 2008, as evidenced by the Exts.P5 and P6. The petitioner then moved an application before the Government for exemption from the provisions of E.S.I. Act for the period 2006 – 2007 and the same is pending. The accrued loss allegedly suffered by the society is also projected as a reason. W.P.(C) No. 21497/09 2 3. The learned Government Pleader, on instructions, submits that Ext.P7 has been received by the Government. Report from the District Labour Officer has also been obtained. Decision will be taken on Ext.P7 in accordance with law. This submission is recorded. 4. In the result the writ petition is disposed of directing the first respondent to pass orders on Ext.P7 within three months from the date of receipt of copy of this judgment. The interim order already passed by this court shall continue to operate, till the Government takes a decision in the matter. V.GIRI, JUDGE. mn.