Janasakthi Public School vs Employees State Insurance ...
2021 Latest Caselaw 21074 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                       WP(C) NO. 20656 OF 2021
PETITIONERS:

    1     JANASAKTHI PUBLIC SCHOOL,
          VELANCHIRA, PUTHIYAVILA P.O.,
          ALAPPUZHA DISTRICT 690 531.
          REPRESENTED BY ITS MANAGER VIJAYAN, AGED 74 YEARS,
          S/O. MADHAVAN, CHEMPAKA-1,
          PUTHIYAVILA P.O. ALAPPUZHA DISTRICT 690 531.

    2     AJITHA C.G.,
          AGED 51 YEARS
          W/O. SIVAPRASAD, VELUTHADUTHETHU HOUSE,
          KARIYILAKULANGARA P.O. KAYAMKULAM, ALAPPUZHA
          DISTRICT 690 572.

          BY ADVS.
          C.P.PEETHAMBARAN
          MINI.V.A.


RESPONDENTS:

    1     EMPLOYEES STATE INSURANCE CORPORATION (ESI)
          MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF
          INDIA, HEAD QUARTERS, PANCHDEEP BHAVAN, COMRADE
          INDERJEET GUPTA (CIG) MARG, NEW DELHI 110002.
          REPRESENTED BY ITS DIRECTOR GENERAL.

    2     THE DEPUTY DIRECTOR,
          EMPLOYEES STATE INSURANCE CORPORATION (ESI),
          SUB REGIONAL OFFICE, PACHDEEP BHAVAN, ASRAMAM,
          KOLLAM 691 002.

    3     EMPLOYEES STATE INSURANCE CORPORATION (ESI)
          BRANCH OFFICE, KAYAMKULAM, PIN-690106, REPRESENTED
 WP(C) NO. 20656 OF 2021
                           2


          BY ITS BRANCH OFFICER.




          ADV.T.V.AJAYA KUMAR-SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 20656 OF 2021
                                 3



                BECHU KURIAN THOMAS, J
                 ---------------------------
                 WP(C) NO. 20656 OF 2021
               ----------------------------
          Dated this the 20th day of October, 2021

                           JUDGMENT

The writ petition seeks for a direction to quash Ext.P7

order and also for a direction to disburse medical benefits to

the second petitioner's husband who is a beneficiary of the ESI

contribution.

2. The claim of the petitioners is that second

petitioner's husband was not given benefit under the ESI

scheme in spite of a valid claim on account of the illness due

to Covid-19 pandemic. However, by Ext.P7, it was informed

that second petitioner's family is not eligible for the benefit of

treatment, since no contribution was payable. The writ

petition was necessitated on account of Ext.P7 communication.

3. Adv. T. V. Ajayakumar the learned Standing Counsel

for the respondents took notice on the date of admission and

after instructions, it is submitted today that as a special case,

taking into consideration the pandemic situation, the second WP(C) NO. 20656 OF 2021

respondent has directed the third respondent to issue an

entitlement certificate to the second petitioner's husband for

considering the claim of the second petitioner. It is also

submitted that a copy of the said letter has also been

communicated to the petitioners.

In view of the above, since the entitlement certificate has

already been issued to the petitioners certifying their

entitlement for the claim for medical benefits as per law,

nothing further survives in this writ petition. Hence the writ

petition is disposed of recording the submissions of the learned

Standing Counsel for the respondents.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ/20.10.2021 WP(C) NO. 20656 OF 2021

APPENDIX OF WP(C) 20656/2021

PETITIONER EXHIBITS

Exhibit P 1 TRUE COPY OF THE CHART SHOWING THE INCOME VARIATION OF THE IST PETITIONER BEFORE THE AFTER THE COVID-19 PONDEMIC.

Exhibit P 2 TRUE COPY OF THE REQUEST MADE BY THE IST PETITIONER TO THE 2ND RESPONDENT TO ACCEPT THE CONTRIBUTION BY CONDONING DELAY WITH WAGE SHEET.

Exhibit P3 TRUE COPY OF THE CHELLAN RECEIPT DATED 23/7/2021 FOR THE REMITTANCE OF CONTRIBUTION FOR THE PERIOD SEPTEMBER 2020 TO MARCH 2021.

Exhibit P 4 TRUE COPY OF THE CHELLAN RECEIPTS DATED 23/7/2021 FOR THE MONTHS OF APRIL 2021.

Exhibit P 4 (A) TRUE COPY OF THE CHELLAN RECEIPTS DATED 23/7/2021 FOR THE MONTHS OF MAY 2021.

Exhibit P 4 (B) TRUE COPY OF THE CHELLAN RECEIPTS DATED 23/7/2021 FOR THE MONTHS OF JUNE 2021.

Exhibit P 5 TRUE COPY OF THE CERTIFICATE DATED 27/7/2021 ISSUED BY PUSHPAGIRI MEDICAL COLLEGE HOSPITAL THIRUVALLA.

Exhibit P 6 TRUE COPY OF THE INPATIENT INVOICE SUMMARY DATED 26/8/2021 DISSED BY PUSHPAGIRI MEDICAL COLLEGE HOSPITAL, THIRUVALLA.

Exhibit P 7 TRUE COPY OF THE ORDER DATED 3/9/2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P 8 TRUE COPY OF THE REPRESENTATION DATED 24/9/2201 SENT BY THE IST PETITION TO THE IST RESPONDENT.