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Judgment
P.V.Kunhikrishnan, J
The above writ petition is filed with following prayers :
“(a) call for the records relating to the case and examine the same.
(b) Declare that the petitioner is eligible for exemption from the provisions of the Employees State Insurance Act as provided under Sec. 1(4) of the ESI Act.
(c) Declare that in any view of the matter the Government is liable to exempt the petitioner from the provisions of the Employees State Insurance Act with retrospective effect by invoking its powers under Section 87 of the ESI Act and in the light of Exhibit P2 exemption orders.
(d) Issue a writ of mandamus, such other writs, orders or direction directing the 3rd respondent to consider and dispose of Exhibit P3 request invoking its powers under Section 91A of the ESI Act as it stood on the date of Exhibit P3.
(e) Issue appropriate writ or orders prohibiting respondents 1 & 2 from demanding ESI contribution from the petitioner or from initiating any coercive steps for recovering any such amount so long as the petitioner's employees are provided with superior benefits than what is provided under the ESI Act.
(f) Pass such other orders as this Hon'ble Court shall deem fit in the facts and circumstances of the case.” [SIC]
The writ petition is filed for a declaration that the petitioner is eligible for exemption from the provisions of the Employees State Insurance Act and also to exempt the petitioner from the provisions of the Employees State Insurance Act (for short “ESI Act”) with retrospective effect. The appropriate Government is the authority to exempt the petitioner under Sec. 87 of the ESI Act. If the petitioner want an exemption under the ESI Act, the petitioner has to approach the appropriate authority. Moreover, as per the amended Sec.91A, the exemption can be granted only prospectively and there cannot be any retrospective exemption invoking the powers under Sec. 87 of the ESI Act.
In the light of the same, no orders can be passed in this case. The petitioner is free to approach the Government in accordance to law.
With the above observation, this writ petition is closed.