Kerala High Court
Trichur Wholesale Co-Operative ... vs State Of Kerala
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 3RD DAY OF JANUARY 2013/13TH POUSHA 1934
WP(C).No. 29971 of 2010 (V)
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PETITIONER(S):
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TRICHUR WHOLESALE CO-OPERATIVE CONSUMER
STORES LIMITED NO.R 239, TRICHUR-1, REPRESENTED
BY ITS MANAGING DIRECTOR.
BY ADV. SRI.P.RAMAKRISHNAN
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE
SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION
DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM.
2. THE EMPLOYEES STATE INSURANCE
CORPORATION, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND
THRISSUR, REPRESENTED BY ITS REGIONAL DIRECTOR.
3. THE RECOVERY OFFICER, EMPLOYEES STATE
INSURANCE CORPORATION, PANCHDEEP BHAVAN
NORTH SWARAJ ROUND, THRISSUR.
R,R2 & 3 BY ADV. SRI.T.P.M.IBRAHIM KHAN, SC, ESI CORPN.
R1 BY ADV. GOVERNMENT PLEADER SRI.JAMES MATHEW.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) NO.29971 OF 2010
PETITIONER'S EXTS:
EXT.P1 TRUE COPY OF ORDER DATED 20/1/04 ISSUED BY THE FIRST
RESPONDENT
EXT.P2 TRUE COPY OF ORDER DATED 8/8/05 ISSUED BY THE FIRST
RESPONDENT.
EXT.P3 TRUE COPY OF THE ORDER DATED 12/7/2007 ISSUED BY THE
FIRST RESPONDENT.
EXT.P4 TRUE COPY OF ORDER DATED 5/8/08 ISSUED BY THE FIRST
RESPONDENT.
EXT.P5 TRUE COPY OF JUDGMENT DATED 20/8/09 IN W.P.(C) NO.21497/09
EXT.P6 TRUE COPY G.O.(RT) NO.12/2010/LBR DATED 2/1/2010 ISSUED BY
THE FIRST RESPONDENT.
EXT.P7 TRUE COPY OF NOTICE DATED 2/9/2010 ISSUED BY THE THIRD
RESPONDENT.
EXT.P8 TRUE COPY OF EXEMPTION APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE FIRST RESPONDENT.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
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W.P.(C) No. 29971 of 2010
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Dated this the 3rd day of January, 2013
J U D G M E N T
Ext.P8 application put in by the petitioner for exemption from the provisions of the Employees' State Insurance Act is admittedly pending with the first respondent Government. I direct the first respondent to consider Ext.P8 application on merits within a period of two months from the date of receipt of a copy of this judgment. The petitioner as well as the representatives of its employees shall be put on notice and heard before the question of exemption is decided.
2. The recovery of the amount due under the ESI Act during the period for which exemption is sought shall be put on hold till Ext.P8 application is considered on merits.
The Writ Petition is disposed of.
V.CHITAMBARESH, Judge.
nj.