IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 Ins.APP.No. 68 of 2005() ------------------------ (AGAINST JUDGMENT IN IC.174/2001 DATED 29/11/2004 of EMPLOYEES INSURANCE COURT, ALAPPUZHA) .................... APPELLANTS : OPPOSITE PARTIES : ---------------------------------------- 1. THE REGIONAL DIRECTOR, E.S.I.CORPORATION PANCHADEEP BHAVAN, SWARAJ ROUND, THRISSUR 20. 2. THE RECOVERY OFFICER, E.S.I.CORPORATION, THRISSUR. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENT : APPLICANT. ----------------------- M/S.MADHAVAN INC. P.B.NO.145, VAZHICHERRY, ALAPPUZHA 1, REPRESENTED BY ITS PARTNER ANIL MADHAVAN. BY ADV. SRIR.AZAD BABU FOR R1 THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- Ins. Appeal No. 68 OF 2005 --------------------- Dated this the 15th day of September, 2008 JUDGMENT This appeal is preferred against the judgment of the Employee's Insurance Court, Alappuzha, in I.C. 174/01. M/s. Madhavan Inc is the applicant before the said court. M/s. Madhavan Shearing factory, of which Sr. Anil Madhavan is the partner in M/s. Madhavan Inc, is already a covered establishment with effect from 1.11.93. Now the ESI Corporation in this case wanted to attach the principal unit with the ancillary unit instead of doing the reverse. It was found fault with by the EI Court and the contention was rejected. 2. I find no mistake has been committed by the EI Court in that direction. One can understand M/s. Madhavan Inc forming an associate or to be clubbed with M/s. Madhavan Shearing factory but not the vice versa. Therefore with liberty to proceed afresh in the appropriate manner, this appeal is disposed of. When it is found that it can be clubbed altogether, the question of limitation has to be governed by the latest decision of the Apex Court reported in E.S.I.Corporation v. Santhakumar [2007 (1) KLT 133 (SC)]. M.N.KRISHNAN, JUDGE vps