Kerala High Court
Kappungal Saidalavi Haji Memorial ... vs Employees State Insurance Corporation on 16 January, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
2025:KER:3207
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 16TH DAY OF JANUARY 2025/26TH POUSHA, 1946
WP(C) NO. 1718 OF 2025
PETITIONER:
KAPPUNGAL SAIDALAVI HAJI MEMORIAL TRUST
REPRESENTED BY ITS CHAIRMAN
MR. ABDULLA KUTTY P.T.,
KSHM ARTS AND SCIENCE COLLEGE,
EDATHANATTUKARA, VATTAMANNAPURAM,
PALAKKAD, PIN - 678 601.
BY ADVS.
ROOPESH N.R.
JUDE JAMES
RESPONDENTS:
1 EMPLOYEES STATE INSURANCE CORPORATION
REPRESENTED BY ITS DIRECTOR GENERAL,
PANCHDEEP BHAWAN, COMRADE INDRAJEET GUPTA (CIG)
MARG, NEW DELHI, PIN - 110 002.
2 THE REGIONAL DIRECTOR
EMPLOYEES STATE INSURANCE CORPORATION,
REGIONAL OFFICE, PANCHDWEEP BHAVAN,
NORTH SWARAJ ROUND, THRISSUR DISTRICT,
PIN - 680 001.
3 THE RECOVERY OFFICER
EMPLOYEES STATE INSURANCE CORPORATION REGIONAL
OFFICE, PANCHDWEEP BHAVAN,
NORTH SWARAJ ROUND, THRISSUR,
PIN - 680 001.
SRI. T.V AJAYAKUMAR - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:3207
WP(C) NO.1718 OF 2025
2
JUDGMENT
The petitioner Trust has been assessed with interest under Section 39(5)(a) and damages under Section 85B, of the Employees' State Insurance Act, 1948 (for short, 'the ESI Act'). Challenging the same, the petitioner has filed this writ petition.
2. The prayer in the writ petition is opposed by the learned Standing Counsel for the Employees State Insurance Corporation contending that the petitioner has got an efficacious alternate remedy under Section 75 of the ESI Act to approach the Employees' Insurance Court (EI Court).
3. The learned counsel for the petitioner 2025:KER:3207 WP(C) NO.1718 OF 2025 3 seeks time to approach the EI Court invoking the remedy under Section 75 of the ESI Act.
Accordingly, this writ petition is disposed of without prejudice to the right of the petitioner to approach the EI Court invoking the provisions of Section 75 of the ESI Act. The petitioner shall approach the EI Court within a period of one month from today. To enable the petitioner to approach the EI Court, there will be a stay of further proceedings pursuant to Exts.P4 and P5 for a period of one month.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:3207 WP(C) NO.1718 OF 2025 4 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE NOTICE NO.54000245590001399.INS.V, DATED 03.05.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE NOTICE NO.54000245590001399.INS.V, DATED 04.05.2022 ISSUED BY THE DEPUTY DIRECTOR OF EMPLOYEES STATE INSURANCE CORPORATION TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 10.01.2022 IN SUO MOTU WRIT PETITION (C) NO.3/2020 IN RE:
COGNIZANCE FOR EXTENSION OF LIMITATION ON THE FILES OF THE HON'BLE SUPREME COURT. EXHIBIT P4 TRUE COPY OF THE NOTICE NO.54000245590001399/RECOVERY, DATED 14.02.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE SUMMONS BEARING NO.
54000245590001399/RECOVERY, DATED 02.01.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
RESPONDENTS EXHIBITS:- NIL.