IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 35606 of 2010(A) ---------------------------------------- PETITIONER(S): ----------------------- KERALA KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYOOR P.O., THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. BY ADV. SRI.K.P.HARISH, SC, KERALA KHADI BOARD RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DEPUTY DIRECTOR, SUB REGIONAL OFFICE (ERNAKULAM), EMPLOYEES STATE INSURANCE CORPORATION, MALU'S COMPLEX, ST.FRANCIS CHURCH ROAD, KALOOR, COCHIN-682 017. 3. THE REVENUE RECOVERY OFFICER, EMPLOYEES' STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH ROUND, THRISSUR-20. R1 BY GOVT. PLEADER MR.BASANT BALAJI. R2 & R3 BY ADV. MR.P. SANKARAN KUTTY NAIR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.35606 of 2010 ---------------------------------------- Dated 30th November, 2010 JUDGMENT The petitioner assails Exts.P7, P7(a), P7(b) and P9 in this writ petition. Proceedings were initiated against the petitioner based on Exts.P7, P7(a), P7(b) and P9 for recovering the arrears determined in terms of section 45-A of the Employees State Insurance Act, 1948 (for short `the ESI Act'). The contention of the petitioner is that the petitioner has already approached the Government by filing Exts.P4 to P6(a) seeking exemption from the purview of the ESI Act in terms of section 87 read with section 91 of the ESI Act. The said applications are still pending before the Government. It is during the pendency of those applications that the respondents have taken action as per Exts.P7, P7(a), P7(b) and P9. 2. I have heard the learned counsel appearing for the petitioner, learned standing counsel for respondents 2 and 3 and also the learned Government Pleader. 3. Admittedly, Exts.P4 to P6(a) applications carrying requests for exemption from the purview of the ESI Act under section 87 read with section 91 of the ESI Act are pending before the first respondent. WP(C).No.35606/2010 2 According to the learned counsel for the petitioner, on an earlier occasion in the year 2008 after considering similar representations from the petitioner seeking exemption the petitioner was granted exemption from the purview of the ESI Act. 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 and pass orders on Exts.P4 to P6(a), respondents 2 and 3 shall keep in abeyance all further proceedings pursuant to Exts.P7 series and P9. Needless to say that the necessity to proceed with Exts.P7 series and P9 will depend upon the decision of the Government on the aforesaid applications which are directed to be disposed of. C.T.RAVIKUMAR Judge TKS