IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 21823 of 2009(W) -------------------------- PETITIONER: --------------- M/S.GEO FOUNDATIONS AND STRUCTURES PVT. LTD., 6TH FLOOR, ALPHA PLAZA, KADAVANTHRA, COCHIN-20, REPRESENTED BY ITS MANAGING DIRECTOR, MR.PRAPHULLA KUMAR. BY ADV. SRI.ABRAHAM JOHN RESPONDENTS: --------------- 1. EMPLOYEES STATE INSURANCE CORPORATION PANCHDEEP BHAVAN, NORTH SWARAJ ROAD, TRICHUR-680 020, POST BAG NO.2, REPRESENTED BY ITS REGIONAL DIRECTOR. 2. THE BRANCH MANAGER, STATE BANK OF BIKANIR AND JAIPUR, CHITTOOR ROAD, ERNAKULAM. BY SRI.P.SANKARANKUTTY NAIR, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 21823 of 2009 -------------------------- Dated this the 4th August,2009 J U D G M E N T Petitioner is a company engaged in construction works. Coverage of the establishment was effected on the basis of the request made by the petitioner. There is a dispute as to whether the persons engaged in the construction site are also liable to be brought within the purview of the ESI Act along with the persons engaged in office work. Issue is stated to be pending in two Insurance Appeals before this Court. 2. A dispute also arose regarding the quantum of the contribution for the period October 2001 to September 2005. Petitioner filed IC No.18/07 before the Insurance Court. But it seems that the said Insurance Case was later dismissed for non-appearance of the petitioner. A prohibitory order has now been issued by the Recovery Officer, as evidenced by Ext.P1, which has been challenged in the writ petition. W.P ( C) No. 21823 of 2009 2 3. Heard learned counsel for the petitioner Sri.Abraham John and learned standing counsel for the ESI Corporation Sri. Sankarankutty Nair. Remedy of the petitioner is to seek either the restoration of the Insurance Case or file an appeal against the order passed by the Insurance Court in I.C No.18/2007. To enable the petitioner to take such appropriate measures, it is directed that respondents shall not enforce Exts.P1 and P2 for a period of six weeks from today. Thereafter, the petitioner shall abide by the orders to be passed by the Insurance Court or by the competent authority, as the case may be. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 21823 of 2009 3 W.P ( C) No. 21823 of 2009 4 W.P ( C) No. 21823 of 2009 5