IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 37059 of 2010(F) ---------------------------------------- PETITIONER(S): ------------------------ KERALA KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYOOR P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.K.P.HARISH,SC,KERALA KHADI BOARD RESPONDENT(S): ----------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE REGIONAL DIRECTOR, REGIONAL OFFICE, (KERALA), EMPLOYEES STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, POST BAG NO.2, THRISSUR-680 020. 3. THE JOINT DIRECTOR, REGIONAL OFFICE (KERALA), EMPLOYEES STATE INSURANCE CORPORATION, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, POST BAG NO.2, THRISSUR-680 020. 4. THE REVENUE RECOVERY OFFICER, EMPLOYEES STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH ROUND, TRICHUR-20. R1 BY GOVERNMENT PLEADER SRI. BASANT BALAJI R2 TO R4 BY ADV SRI. P.SANKARANKUTTY NAIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.37059 of 2010 ---------------------------- Dated 13th December, 2010 JUDGMENT The petitioner challenges Exts.P7 and P7(a) proceedings initiated for the purpose of recovering the arrears determined in terms of Section 45-A of the Employees State Insurance Act,1948 (for short 'the ESI Act'). According to the petitioner, they have 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-A of the ESI Act. As the said applications are pending before the Government, the respondents are not justified in initiating proceedings for effecting recovery of the assessed amount in terms of the order under section 45-A, it is contended. 2. I have heard the learned counsel for the petitioner, the learned Standing Counsel for respondents 2 to 4 and the learned Government Pleader. 3. Admittedly, Exts.P4 to P6(a) applications submitted by the petitioner for getting exemption from the purview of the ESI Act under section 87 read with section 91-A of the ESI Act are pending before the Government. The learned counsel for the petitioner further WPC.No.37059/2010 : 2 : submits that on earlier occasion, after consideration of such applications exemption has been given till 2008. Considering the above 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 considers Exts.P4 to P6(a) and takes a decision thereon, respondents 3 and 4 shall keep in abeyance all further proceedings pursuant to Exts.P7 and P7(a). Needless to say that the necessity to proceed with Exts.P7 and P7(a) will depend upon the outcome of the said applications. In the circumstances, Employees State Insurance Corporation may also be heard before passing orders on Exts.P4 to P6(a). Sd/- C.T.RAVIKUMAR Judge TKS // True copy //