Kerala Educational Society (Reg. No. Er) vs The Employees State Insurance, The State Of Kerala and Union of India (UOI)

P.N.Ravindran, J.—The Petitioner is a society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Act, 1955. It is running schools and creches in different parts of the State of Kerala. Recently the Employees State Insurance Corporation initiated proceedings against the society under the Employees State Insurance Act, 1948, hereinafter referred to as "the Act" for short. The Petitioner has thereupon filed Ext.P3 application before the State Government, the appropriate authority, seeking exemption from the provisions of the Act. In this writ petition the Petitioner inter alia seeks a direction to the State of Kerala to consider Ext.P3 application for exemption and pass orders thereon within a time limit to be fixed by this Court, after affording the Petitioner an opportunity of being heard.

I heard Sri. Mohan Pulickkal, learned Counsel appearing for the Petitioner, Sri.P. Sankarankutty Nair, learned standing counsel appearing for the Employees State Insurance Corporation, W.P(C). No. 1164 of 2011 Sri. Basant Balaji, learned Government Pleader appearing for the State of Kerala and Sri. James Kurian, learned Additional Central Government Standing Counsel appearing for the 3rd Respondent.

Under the provisions of Sections 87 and 88 of the Act it is for the State Government to decide whether the request made by the Petitioner for exemption should be granted or not. Ext.P12 discloses that a similar request made by the Petitioner society for exemption from the Employees Provident and Miscellaneous Provisions Act, 1952 and the scheme framed thereunder has been favourably recommended by the State Government and that the said request is kept pending to ascertain the views of the Central Government. In such circumstances I am of the opinion that the State Government should consider the request made by the Petitioner in Ext.P3 application expeditiously.

I accordingly dispose of the writ petition with a direction to the second Respondent to consider the request made by the Petitioner in Ext.P3 application and take an appropriate decision thereon expeditiously and in any event within three months from the date on which the Petitioner produces a certified copy of this judgment before the Secretary to Government, Labour and Rehabilitation Department. The second Respondent shall also W.P(C). No. 1164 of 2011 afford the representative of the Petitioner an opportunity of being heard and shall also ascertain the views of the first Respondent Corporation and if necessary afford an opportunity of being heard to the first Respondent also. The second Respondent shall after orders are passed on Ext.P3 application, communicate copies thereof to the Petitioner and the first Respondent. Till such time, the first Respondent shall keep in abeyance the proceedings initiated by it under the Act.