Kerala High Court
Employees State Insurance ... vs Manu K.Chacko on 25 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Wednesday, the 25th day of August 2021 / 3rd Bhadra, 1943
WA NO. 1068 OF 2021
AGAINST INTERIM ORDER DATED 22.07.2021 IN WP(C) 14506/2021 OF THIS COURT.
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APPELLANTS/RESPONDENTS 1 TO 3:
1.EMPLOYEES STATE INSURANCE CORPORATION,
REPRESENTED BY ITS REGIONAL DIRECTOR-KERALA,
KERALA REGIONAL OFFICE, PANCHDEEP BHAVAN,
NORTH SWARAJ ROAD,THRISSUR-680 020.
2.THE DEPUTY DIRECTOR,EMPLOYEES STATE INSURANCE CORPORATION,
SUB REGIONAL OFFICE, MULUS COMPLEX, ST.FRANCIS XAVIER CHURCH ROAD,
KALOOR, KOCHI-682017.
3.THE BRANCH MANAGER,EMPLOYEES STATE INSURANCE CORPORATION,
PERUMBAVOOR BRANCH OFFICE, ESI ROAD,PERUMBAVOOR-683542.
BY ADVS.M/S.T.V.AJAYAKUMAR & RIMJU P.H.
RESPONDENTS/PETITIONER & 4TH RESPONDENT:
1.MANU K.CHACKO,AGED 38 YEARS, S/O.K.P.CHACKO,
RESIDING AT KAVANAMALLI HOUSE,PULLUVAZHY P.O.,PERUMBAVOOR-683541.
2.SHONE PLY AND BOARDS, THAIKKARACHIRA,
M.C.ROAD,PULLUVAZHY.P.O.,PERUMBAVOOR-683541.
BY ADV.SRI.B.ASHOK SHENOY
Prayer for interim relief in the Writ Appeal stating that in the
circumstances state in the appeal memoradum, the High Court be pleased to
stay the operation of the interim order dated 22.7.2021 of the learned
Single Judge passed in WP(C) No.14506/21, pending the disposal of the
above Writ Appeal.
This Writ Appeal coming on for orders on 25.08.2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
ALEXANDER THOMAS & A.BADHARUDEEN, J J.
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W.A No.1068 of 2021
(Arising out of the interim order dated 22-7-2021 in W.P(C) No.14506 of 2021 of this Court.)
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Dated this the 25th day of August, 2021
ORDER
In the nature of the issues raised in this appeal which arises
out of a impugned interim order passed by the learned Single
Judge in the Writ petition(Civil), both Sri.T.V.Ajayakumar, the
learned Standing counsel for the ESI Corporation appearing for the
appellants in W.A/respondents 1 to 3 in W.P(C) and Sri.B.Ashok
Shenoy, the learned counsel appearing for R1 in W.A/writ
petitioner would submit that this writ appeal may be heard along
with writ petition (W.P(C) No.14506 of 2021), etc. Accordingly, it is
ordered that Sri.B.Ashok Shenoy has taken notice for R1 in the
W.A/writ petitioner. Appellant is permitted to serve notice on R2 in
the W.A/R4 in the WP(C) on the learned Advocate who has
appeared for that party in the W.P(C) and if no Advocate has
appeared for the party in the W.P(C), then the appellants will have
to take out notice to R2 in the W.A by special messenger returnable
within three days. If at the time of service of notice, none is
available to receive notice on behalf of R2, then notice process shall
be duly completed by affixture in the presence of witnesses and a
separate report in that regard shall also be given to the Registry of
this Court.
2. Further, it is ordered that R1 in the W.A/writ petitioner
may file counter affidavit in the W.A. Further, R1 to R3 in the
W.P(C)/appellants herein will file the counter affidavit in the
W.P(C). Both sides undertake that the respective pleadings will be
completed within ten days.
The Registry will place on record a copy of the judgment dated
8-2-2021 in W.P(C) No.28767 of 2020 in this case file for the
perusal of this Court.
List the W.A along with W.P(C) No.14506 of 2021 on
8-9-2021 at 1.45 pm.
H/o
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A. BADHARUDEEN, JUDGE
amk
25-08-2021 /True Copy/ Assistant Registrar
