Kerala High Court
Regional Director vs M/S.Trans Asian Shipping Services ... on 7 February, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
WA NO. 142 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.13646/2018 DATED 25/10/2023
OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS NO.2 & 3:
1 REGIONAL DIRECTOR,
ESI CORPORATION,PANCHADEEP BHAVAN,
NORTH SWARAJ ROUND,P.B. NO.2,
THRISSUR- 680 020, PIN - 680 020.
2 DEPUTY DIRECTOR,
EMPLOYEES STATE INSURANCE CORPORATION SUB REGIONAL
OFFICE, KALOOR, ERNAKULAM- 682 017, PIN - 682 017.
BY ADVS.
T.V.AJAYAKUMAR
RIMJU P.H.
RESPONDENT(S)/PETITIONER & RESPONDENTS 1 & 4 TO 7:
1 M/S.TRANS ASIAN SHIPPING SERVICES(P)LTD.,
TRANS ASIA CORPORATE PARK, XIV/396-C,SEAPORT AIRPORT
ROAD,CHITTETHUKARA,KAKKANAD, COCHIN- 682 037,
REPRESENTED BY ITS DEPUTY MANAGER, MR.GEORGE OOMMEN
(HR DEPARTMENT), PIN - 682 037.
2 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR AND
REHABILITATION DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001, PIN - 695 001.
3 DISTRICT LABOUR OFFICER,
DISTRICT LABOUR OFFICE, ERNAKULAM- 682 037,
PIN - 682 037.
4 JOMOL JOSHY,
W/O.KEVIN STANLY, SENIOR EXECUTIVE- ACCOUNTS OF
M/S.TRANS ASIAN SHIPPING SERVICES (P)LTD,
W.A.No.142 of 2024
2
RESIDING AT KOLARIKKAL HOUSE, NEAR SREEKRISHNA
TEMPLE, SOUTH CHITTOOR, CHERANALLUR VILLAGE,
KANAYANNUR TALUK, PIN - 682 027.
5 PRIYA HARIDASAN NAIR,
W/O.UDAYAKUMAR, SENIOR EXECUTIVE - CAPACITY OF
M/S.TRANS ASIAN SHIPPING SERVICES(P)LTD,
RESIDING AT PERAPARAMBIL HOUSE, VENNALA.P.O,
EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK,
PIN - 682 028.
6 SREEJITH K@ SREEJITH KAKOTH,
S/O.N.K. MUKUNDAN, ASSISTANT MANAGER - OPERATIONS
& LAND CAPACITY OF M/S.TRANS ASIAN SHIPPING
SERVICES (P)LTD, RESIDING AT ROHINI NIVAS, NEAR
KANCOR, MAIKKAD.P.O, NEDUMBASSERY VILLAGE, ALUVA
TALUK, PIN - 682 028.
BY ADVS.
SATHISAN .P
JAVED HAIDER(K/001709/2018)
ABHIRAM SUNISH(K/001195/2022)
BIJU P.PAUL(K/000648/2022)
SHIBU B.S(K/001060/2021)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.No.142 of 2024
3
AMIT RAWAL & C.S.SUDHA, JJ.
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Writ Appeal No.142 of 2024
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Dated this the 07th day of February, 2024
JUDGMENT
Amit Rawal, J.
For the reasons stated in the affidavit accompanying the
application, C.M.A.No.1/2024 is allowed condoning the delay in filing the
appeal.
2. The ground of agitation on behalf of the appellants who were
arrayed as respondent nos.2 to 3 is that there was no such consent
recorded in the order granting permission to the 1 st respondent for
submission of the application for exemption for each year, as it is
against the law. The order reads as under:
"As per the judgment read as 1 st paper above
the Hon'ble High Court directed the Government to
consider the application and pass orders after due
consultation with the Employees State Insurance
Corporation and hearing the petitioner within a
period of 2 months from the date of receipt of copy
of the judgment.
2) As per the report of ESI Corporation read as
2nd paper above, the employees are not provided
neither superior nor similar benefits comparable
with benefits provided under ESI Scheme.
3) As per the report of District Labour Officer,
Ernakulam read as 3rd paper above, the benefits
given by the organisation is neither similar nor
superior to the benefits provided under ESI Scheme.
As per the existing rules of the ESI Act ESI
exemption can be granted only if the benefits
provided the organisation are similar or
substantially superior to the benefits provided under
Employees State Insurance Scheme. Government
heard the petitioner and the request of the M/s.Trans
Asian Shipping Services (P) Ltd., Kakkanad, Cochi
for permanent exemption from Employees State
Insurance Scheme is rejected on the ground that
there is no provision for permanent exemption in
accordance with law.
4) The direction of the Hon'ble High Court in the
judgment read as I paper above are thus complied
with."
3. We are of the view that instead of agitating the issue in writ
appeal, appropriate remedy of review ought to have been availed
seeking clarification.
4. Learned senior counsel for the appellants seeks liberty of
this Court to withdraw the appeal for filing a review petition.
Ordered accordingly.
SD/-
AMIT RAWAL
JUDGE
SD/-
C.S.SUDHA
JUDGE
ak
