IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 36800 of 2010(Y) --------------------------------- PETITIONER(S): ------------------- KERALA KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYOOR P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.K.P.HARISH,SC,KERALA KHADI BOARD RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE REGIONAL DIRECTOR, REGIONAL OFFICE (KERALA) EMPLOYEES STATE INSURANCE CORPORATION, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, POST BAG NO.2, THRISSUR-680 020. 3. THE JOINT DIRECTOR, REGIONAL OFFICE (KERALA), EMPLLOYEES STATE INSURANCE CORPORATON, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, POST BAG NO.2, THRISSUR-680 020. 4. THE REVENUE RECOVERY OFFICER, EMPLOYEES STATE INSURANCE CORPORATION PANCHADEEP BHAVAN, NORTH ROUND, THRISSUR-20. R1 BY GOVT.PLEADER SRI.MANOJ R2 & R3 BY ADV.SRI.P.SANKARAN KUTTY NAIR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.36800 OF 2010 -------------------------------------------- Dated this the 9th day of December, 2010 JUDGMENT The petitioner challenges Ext.P7 series and P9 series proceedings initiated for the purpose of recovering the arrears determined in terms of Section 45(A) of the Employees State Insurance Act,1948 (for short 'ESI Act'). According to the petitioner, they have already approached the Government by filing Exts.P4 to P6(a) seeking exemption from the purview of ESI Act in terms of section 87 r/w 91 A of the ESI Act. As the said applications are pending before the Government, the respondents are not justified in initiating proceedings for effecting recovery of the assessed amount in terms of the order under 45 A, it is contended. 2. I have heard the learned counsel for the petitioner, the learned Standing Counsel for the respondents 2 and 3 and the learned Government Pleader. 3. Admittedly, Exts.P4 to P6(a) applications submitted by the petitioner for getting exemption from the purview of ESI Act under section 87 r/w 91 A of the ESI Act are pending before the Government. The W.P.(C) NO.36800/2010 2 learned counsel for the petitioner further submits that on earlier occasion after consideration of such applications, exemption has been given till 2008. Considering all these aspects, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Exts.P4 to P6(a) expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Till Government consider Exts.P4 to P6(a) and take a decision thereon, the respondents 2 and 3 shall keep in abeyance all further proceedings pursuant to Exts.P7 series and P9 series. Needless to say that the necessity to proceed with Exts.P7series and P9 series will depend upon the outcome of the said applications. The Writ Petition is disposed of, accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.36800/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.36800/2010 4