IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 INS.APP.NO. 48 OF 2006() ----------------------------------- I.C.NO.1/2004 OF EMPLOYEES' INSURANCE COURT, PALAKKAD .................... APPELLANT/OPP. PARTY ------------------------------------ ESI CORPORATION, REPRESENTED BY ITS REGIONAL DIRECTOR, REGIONAL OFFICE, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR. BY ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. RESPONDENT/APPLICANT --------------------------------------- M/S.K P L OIL MILLS (P) LIMITED, KODUNGALLUR ROAD, IRINJALAKUDA, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR JOSHU ANTO. BY ADV. SRI.JOSEPH MARKOSE, SRI.JOSEPH KODIANTHARA. THIS INSURANCE APPEALS HAVING COME UP FOR ADMISSION ON 07/01/2011, ALONG WITH I.N.A.P NO.49 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ Ins. Appeal Nos:48 & 49 OF 2006 ----------------------------------------------------------- Dated this the 7th January, 2011. JUDGMENT Basant, J. These appeals are preferred to challenge orders passed by the Employees Insurance Court. The Employees Insurance Court, following the decision of the Full Bench of this Court in ESI Corporation v. Excel Glasses Ltd. {2003(3) KLT 42} had allowed the petitions filed by the respondents herein holding that the ESI Corporation cannot stake sale claim against the respondents. When these appeals came up for disposal before this Court earlier, this Court had following the Full Bench decision in Excel Glasses (supra) dismissed the appeals filed by the ESI Corporation. The ESI Corporation took up the matter in appeal. The Supreme Court noted that the decision of the Full Bench was reversed by the Supreme Court in ESI Corporation v. C.C.Santhakumar {2007(1) SCC 584}. Accordingly the Supreme Court set aside the impugned orders and wanted this Court to dispose of the appeals afresh. Ins.Appeal Nos: 48 & 49/2006 2 2. These appeals are thus before this Court again for disposal. The court below has not considered the question raised by the petitioners on merits in the light of the decision in Excel Glasses (supra). In view of the decision in Santhakumar (supra) we are satisfied that the ESI Court must be directed to dispose of the matter afresh in accordance with law. 3. In the result; a) These appeals are allowed. b) Impugned orders are set aside. c) The E.I.Court, Palakkad is directed to dispose of I.C.1/2004 and I.C.2/2004 afresh in accordance with law as expeditiously as possible. d) Parties shall appear before the E.I Court on 16/2/2011 to continue the proceedings. R.BASANT Judge K. SURENDRA MOHAN Judge jj Ins.Appeal Nos: 48 & 49/2006 3