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EMPLOYEES STATE INSURANCE CORPORATION v. F.I.T.EMPLOYEES UNION, REP.BY ITS - WA No. 1046 of 2003  RD-KL 11345 (27 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWA No. 1046 of 2003()
1. EMPLOYEES STATE INSURANCE CORPORATION,
1. F.I.T.EMPLOYEES UNION, REP.BY ITS
2. F.I.T.STAFF AND WORKERS UNION,
3. F.I.T.STAFF AND WORKERS ASSOCIATION,
4. FOREST INDUSTRIES (TRAVANCORE) LTD.,
5. STATE OF KERALA, REP.BY ITS SECRETARY TO
For Petitioner :SRI.P.SANKARANKUTTY NAIR
For Respondent :SRI.P.RAMAKRISHNAN
The Hon'ble the Chief Justice MR.H.L.DATTU The Hon'ble MR. Justice K.T.SANKARAN
O R D E R
H.L. DATTU, C.J. & K.T. SANKARAN, J.W.A.No.1046 of 2003
Dated, this the 27th day of June, 2007
H.L. DATTU, CJ. This appeal arises out of the order passed by the learned Single Judge in O.P.No.13889 of 1998 dated 1st of November, 2002.
2. The appeal is filed by the Employees' State Insurance Corporation (ESI Corporation for short). We feel it strange, but we still accept that they could have filed this appeal.
3. The Employees' Union was before this court in O.P.No.13889 of 1998. The Union was questioning Ext.P2 order passed by the 2nd respondent State of Kerala (respondent No.5 in the appeal). By the said order the claim made by the Union for granting exemption under the provisions of the Employees' State Insurance Act (for short ESI Act) had been rejected.
4. The court has disposed of the writ petition and in that it has only directed the State Government to reconsider the whole issue once over again after hearing all the parties and then pass an appropriate order and in the meanwhile whatever amount that has been collected by the management shall be retained by them. It is this portion of the order which has caused some grievance to the ESI Corporation.
5. The learned counsel appearing for the ESI Corporation would vehemently contend before us that the learned Single Judge while disposing of the matter ought to have directed the respondent management to deposit whatever amount they have collected from the employees with the Corporation. W.A.No.1046/2003 2
6. The members of the Union were before the State Government seeking exemption from the provisions of the ESI Act. The request is rejected, but in the meanwhile the management has collected contributions from the employees. In the normal course the amount so collected should have been handed over to the Corporation. But at this length of time, it may not be appropriate to issue any such direction. It would be suffice in interest of all the parties, if we direct the 2nd respondent to dispose of the representation filed by the employees as early as possible.
7. Accordingly, the following:
i. Appeal is disposed of. ii. A direction is issued to the State Government to dispose of the representation filed by the Employees' Union claiming exemption from the purview of the ESI Act as expeditiously as possible, at any rate within four months from the date of receipt of a copy of this court's order, after issuing notices to all the parties interested in the matter. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE. K.T. SANKARAN,
JUDGE.mt/DK W.A.No.1046/2003 3 H.L.DATTU, C.J. &
K.T. SANKARAN, J.W.A.No. 1046 of 2003
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