IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 Ins.APP.No. 41 of 2008() ------------------------ IC.24/2008 of EMPLOYEES INSURANCE COURT, ALAPPUZHA .................... APPELLANTS/APPLICANTS: ----------------- K.JOSEPH FRANCIS, KALATHIPARAMBIL HOUSE, ROSE VILLA, ALAPPAT CROSS ROAD, COCHIN. BY ADV. SRI.C.ANIL KUMAR SMT.A.K.PREETHA RESPONDENT/OPPOSITE PARTY: ------------- THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, THRISSUR. BY ADV.P.SANKARANKUTTY NAIR, S.C., ESI CORPORATION THIS INSURANCE APPEAS HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- INS.APPEAL.NO.41 OF 2008 (B) ----------------------------------- Dated this the 20th day of August, 2008 J U D G M E N T KOSHY,J. Heard both sides. Appellant was the Managing partner of a textile firm called, “Rose Fabrics”. Action was taken by the ESI Corporation to club the same with two other establishments, namely; “Jose Brothers Silks and Sarees” and “Jose Associates”. Taking the combined strength, it was found that it was a covered establishment and demand was issued to cover the same from April 1990 to February 2002. Question of coverage was disputed as according to the appellant, other establishments which were clubbed with his establishment are independent establishments. That was not accepted by the E.I.Court and his challenge with regard to the same was even dismissed by the Apex Court. Therefore, liability to pay INAP.41/08 2 contribution cannot be questioned by the appellant. Now it is contended that appellant establishment itself was closed on 1998. If that be so, it is for the appellant to file a detailed representation to the ESI corporation after paying the entire amount upto the period of alleged date of closure and convince the ESI corporation that the establishment was closed so that, liability will be nil or reduced after the closure and it is for the appellant to convince the ESI Corporation regarding the liability of payment of contribution after the alleged date of closure. Therefore, if the appellant pays the amount of contribution and other demands pertaining to the period upto 1998, the alleged date of closure and make a representation, the Corporation will consider the same as assessments have to be made on materials produced and ad hoc assessments need be passed only if the appellant refuses to produce documents and materials for assessment. If the contribution upto 31.5.1998 as demanded with interest is paid and representation is made within three months from today, revenue recovery proceedings shall be kept in abeyance and fresh assessments should be made for the period from INAP.41/08 3 1.6.1998. With the above observations, this appeal is disposed of. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008