IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Ins.APP.No. 69 of 2007()&Cross Objection 33/2009 ------------------------------------------------------------------------- IC.22/2003 of EMPLOYEES' INSURANCE COURT, ALAPPUZHA .................... APPELLANT/APPLICANT: --------------------------------------- HARMONY SPICES, KOOVAPADAM, COCHIN-12, REPRESENTED BY ITS MANAGING DIRECTOR, MR.GERWALD T.KRASS. BY MR.A.M.SHAFFIQUE, SENIOR ADVOCATE, MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS. RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. THE DEPUTY DIRECTOR, ESI CORPORATION, NORTH SWARAJ ROUND, TRICHUR. 2. THE RECOVERY OFFICER, ESI CORPORATION, NORTH SWARAJ ROUND, TRICHUR. R1 & R2 BY ADV. MR.T.V.AJAYAKUMAR, SC, ESI CORPN. THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 15/09/2009 ALONG WITH CROSS OBJECTION NO.33 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Insurance Appeal No. 69 of 2007 & Cross Objection No. 33 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of September, 2009 JUDGMENT This appeal is preferred by the applicant in I.C.No.22 of 2003 and the cross objection is filed by the E.S.I. Corporation. 2. It is submitted at the Bar that similar matters went up before the Honourable Supreme Court of India and there has been a direction in all those cases to implead the Headload Workers' Welfare Board as well as the State of Kerala. Therefore, the matter has to be reconsidered, after impleading the Head load Workers' Welfare Board and the State of Kerala, by the Employees' Insurance Court. 3. Therefore, the order under challenge is set aside and the matter is remitted back with a direction to implead the Headload Workers' Welfare Board and the State of Kerala in the party array and then dispose of the matter, after hearing all concerned, including the question of interest whether it relates back to a particular date or only from 22-5-2002 onwards. The Employees' Insurance Court is at liberty to permit all parties to adduce both documentary as well as oral evidence in support of their respective Ins. A.No.69/2007 2 contentions. The Employees' Insurance Court is directed to give notice to the parties fixing the date of appearance for further proceedings in the matter. Accordingly, the appeal and the cross objection are disposed of as above. M.N.KRISHNAN, JUDGE. mn.