IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 24351 of 2009(L) -------------------------- PETITIONER: --------------- M/S.STRUCTURAL SOFTECH, REP. BY THE MANAGER JOSE C.L., CHAKALAMATTATH HOUSE, NALUKETTU P.O., KORATTI, TRICHUR DISTRICT. BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI RESPONDENT: --------------- THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, PANCHADWEEP BHAVAN, NORTH SWARAJ ROUND, TRICHUR-680 020. BY SC SRI.P. SANKARANKUTTY NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.24351 of 2009 -------------------------- Dated this the 25th August,2009 J U D G M E N T Petitioner claims to be a Consultancy Firm and not a factory within the meaning of Section 2(12) of the ESI Act on the premise that no manufacturing process is carried on in the firm and there is no end product. Employees State Insurance Corporation has proposed to cover the petitioner and notices have been issued to the petitioner seeking details of the persons employed in the firm. Objections have been filed. Petitioner refers to Ext.P11 which requires it to appear for a personal hearing in the matter of finalization of the assessment, on 8.9.2009. Petitioner is ready to appear with the registers. But in the meanwhile, Exts. P12 and P13 have been issued demanding amounts from the petitioner. Hence the writ petition. 2. Heard learned standing counsel for the Employees State Insurance Corporation also. W.P ( C) No.24351 of 2009 2 Petitioner shall appear as requested under Ext.P11 with the registers and the assessment sought to be made on the petitioner shall be finalized after considering such records and after hearing the petitioner . Exts.P12 and P13 shall not be enforced until orders are passed after such hearing. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.24351 of 2009 3 W.P ( C) No.24351 of 2009 4