K.C. Muniappan vs The Deputy Director Employees State Insurance Corporation

G. Rajasuria, J.—Inveighing the fair and final order dated 4.6.2008 passed by the learned Principal District Judge, Erode in E.S.I.O.P. No.

2 of 2005, this civil revision petition is focussed.

Heard both sides.

The epitome and the long and short of the relevant facts, absolutely necessary and germane for the disposal of this civil revision petition would

run thus:

The revision petitioner herein filed an application in E.S.I.O.P. No. 2 of 2005 u/s 75(1)(a)(g) of the Employees State Insurance Act, 1948 to get

set aside the order of the respondent dated 15.06.2005 in reference No. 56-44316-74/INS. III/KGP before the learned Principal District Judge,

Erode. The court returned the said application stating that it had no jurisdiction to entertain such application and granted two months time for the

petitioner to represent the application before the Labour Court, Salem, which also returned the application on the ground that the Principal District

Judge, Erode had jurisdiction.

Being aggrieved by and dissatisfied with the same, this revision is filed.

The short but pertinent legal point that arise for consideration in this revision is as to whether the Principal District Judge, Erode is having

jurisdiction to entertain cases arising under the Employees State Insurance Corporation?

Both the Advocates in unison would submit that the G.O.(D) No. 907, Labour and Employment (K.2) Department dated 14.11.2000 would

connote and denote that the Principal District Judge/ District Judge of the District concerned where the main seat of the Labour Court is not there,

then they could entertain such cases arising out of Employees State Insurance Corporation.

Indubitably and indisputably, in Erode, there is no main seat of the Labour Courts exists. Even though Salem Labour Court having sitters is

having jurisdiction over Erode normally, yet it is having no main seat in Erode. In such a case, the Principal District Judge, Erode has got

jurisdiction to entertain the application.

Both the Advocates also would submit that as of now, the present Principal District Judge, Erode is entertaining such cases, however earlier, the

then Principal District Judge returned the application as cited supra.

Hence, I would like to direct the Principal District Judge, Erode to entertain the aforesaid application on being represented by the revision

petitioner herein within a period of two weeks from this date. Registry is directed to return the original papers concerned, if any, enclosed along

with this revision petition to the learned Counsel for the revision petitioner immediately.

With the above direction, this civil revision petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.