Kerala High Court
Sivakumar vs The Director on 30 January, 2025
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946
RP NO. 45 OF 2025
AGAINST THE JUDGMENT DATED 06.12.2024 IN WA NO.1945 OF 2024
OF HIGH COURT OF KERALA
REVIEW PETITIONER(S)/APPELLANT/PETITIONER:
SIVAKUMAR
AGED 53 YEARS
S/O K. KUMARA PILLA, KUMARA BHAVAN, T.C 17/1254/20
PANGODE JUNCTION, THIRUMALA, THIRUVANATHAPURAM,
PIN - 695006
BY ADV.
THIRUMALA P.K.MANI
RESPONDENT(S)/RESPONDENT/RESPONDENTS:
1 THE DIRECTOR
E.S.I CORPORATION EMPLOYEES STATE INSURANCE CORPORATION
SUB REGIONAL OFFICE, PANCHDEEP BHAVAN, THYCAUD,
THRIUVANATHAPURAM, PIN - 695014
2 DEPUTY DIRECTOR
EMPLOYEES STATE INSURANCE CORPORATION SUB REGIONAL
OFFICE, PANCHDEEP BHAVAN, THYCAUD,
THRIUVANATHAPURAM-, PIN - 695014
3 SOCIAL SECURITY OFFICER
EMPLOYEES STATE INSURANCE CORPORATION,
THIRUVANATHAPURAM, PIN - 695001
4 ELDHOSE PAUL
AGED 31 YEARS, S/O M.M. PAULOSE,
PULIKKATHOTTI MANGUDI VEEDU, VANNAPPURAM VILLAGE,
THODUPUZHA THALUK, IDUKKI, PIN - 685602
RP NO. 45 OF 2025 -2-
2025:KER:10823
BY ADV.:
SRI.T.V.AJAYAKUMAR, SC, ESIC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 30.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP NO. 45 OF 2025 -3-
2025:KER:10823
ORDER
AMIT RAWAL, J.
One of the grounds taken for the review is that while passing the order Ext.P7 under Section 45(A) of the ESI Act, the petitioner was not heard.
2. On perusal of the order, number of opportunities given and even the order was also endorsed to Mr.Sivakumar, who is the petitioner. Even otherwise, there is no error in the order sought to be reviewed as the petitioner has been directed to avail the alternative remedy.
Review petition stands dismissed.
Sd/-
AMIT RAWAL JUDGE Sd/-
K. V. JAYAKUMAR JUDGE VV RP NO. 45 OF 2025 -4- 2025:KER:10823 APPENDIX OF RP 45/2025 PETITIONER ANNEXURES ANNEXURE 1 A TRUE PHOTOCOPY OF THE NOTICE NO.
78000 32425 0001101/SROT/INS DATED 18.12.2024 ANNEXURE 2 A TRUE PHOTOCOPY OF REPLY DATED 31.12.2024 FILED BY PETITIONER TO THE ANNEXURE A1.