Kerala High Court

Rajesh Panicker vs Employees State Insurance Corporation on 26 March, 2025

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
             THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
                   CRL.MC NO. 2451 OF 2020
        CC NO.1705 OF 2013 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -III,THIRUVANANTHAPURAM
PETITIONER/ACCUSED:

            RAJESH PANICKER,
            AGED 49 YEARS
            S/O. SOMASUNDARA PANICKER, T.C.26/416(1), OPP. STATE
            INFORMATION COMMISSION, PUNNEN ROAD, STATUE,
            THIRUVANANTHAPURAM-695001.


            BY ADVS. 
            DENU JOSEPH
            NEETHU REGHUKUMAR
            BIBIN BABU

RESPONDENTS/DE FACTO COMPLAINANTS & STATE:

    1       EMPLOYEES STATE INSURANCE CORPORATION,
            BRANCH OFFICE, ESI CORPORATION,
            THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS BRANCH
            MANAGER.

    2       THE ASSISTANT DIRECTOR,
            EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL
            OFFICE, KURUMPELIL AVENUE, PALAYAMTHODE, KOLLAM-691021.

    3       STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM-682031.


            BY ADVS. 
            SRI.T.V.AJAYAKUMAR
            KUM.P.H.RIMJU
            JOTHIS CHACKO(K/700/2016)
                                            2025:KER:26040
Crl.M.C No.2451/2020       2


          SMT SEETHA S, SR PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
                                                        2025:KER:26040
Crl.M.C No.2451/2020               3


                                ORDER

The accused in CC No.1705/2013 on the files of the Judicial First

Class Magistrate Court III, Thiruvananthapuram, has filed this petition

under Section 482 of the Cr.P.C, with a prayer to call for the records

pertaining to Annexure A complaint filed by the 1st respondent before the

said court, and to direct the learned Magistrate to keep in abeyance the

aforesaid complaint, until a decision is rendered by the Employees'

Insurance Court, Kollam, in Annexure C application filed by him,

challenging Annexure B order, on the basis of which, the aforesaid

complaint has been filed.

2. Annexure B order had been passed by the Assistant Director,

Employees State Insurance Corporation, Sub Regional Office, Kollam,

fixing an amount of Rs.78,732/-, as contribution under the Employees

State Insurance Act, due from the establishment conducted by the

petitioner, for the period from 1.9.2006 to 31.3.2008. Alleging that the

petitioner did not make payment of the aforesaid contribution, despite the

demand made by the 1st respondent, Annexure A complaint was filed

before the learned Magistrate, alleging the commission of offence under

Section 85(a) of the Employees State Insurance Act, 1948. The learned 2025:KER:26040

Magistrate took cognizance of the offence and issued summons to the

petitioner to answer the charge under the aforesaid provision of the ESI

Act. In the meanwhile, the petitioner challenged Annexure B order before

the Employees' Insurance Court, Kollam, by filing Annexure C application

under Section 77(1) of the Employees State Insurance Act, 1948. Earlier,

the above application was allowed ex parte by the Employees' Insurance

Court, Kollam, vide Annexure D judgment. The 1st respondent

challenged Annexure D judgment before this Court by filing Insurance

Appeal No.3/2013. As per the judgment dated 7.06.2017, this Court set

aside the above ex parte judgment of the Employees' Insurance Court,

and remanded back the case to the said court with a direction to consider

the application on merit, and to dispose of the matter in accordance with

law, subject to payment of cost of Rs.8000/- by the 1st respondent to the

petitioner herein. Now, the costs as ordered is said to have been paid,

and the case is said to be pending consideration of the Employees'

Insurance Court, Kollam.

3. The grievance of the petitioner is that, if the learned

Magistrate proceeds with Annexure A complaint, before the decision being

rendered by the Employees' Insurance Court, Kollam, in Annexure C 2025:KER:26040

application, it will cause serious prejudice to the petitioner. According to

the petitioner, there is every chance of the Employees Insurance Court,

Kollam, allowing Annexure C application, and that if it is so allowed,

Annexure - A complaint filed by the 1st respondent alleging non- payment

of the contribution ordered vide Annexure B order, becomes otiose. It is

for the above reason that the petitioner seeks a direction to the learned

Magistrate to keep in abeyance the proceedings initiated pursuant to

Annexure A complaint, till a decision is rendered by the Employees'

Insurance Court, Kollam, in Annexure C application.

4. Heard the learned counsel for the petitioner, the learned

counsel for respondents 1 and 2 and the learned Public Prosecutor

representing the 3rd respondent.

5. As already stated above, the proceedings pending before the

Judicial First Class Magistrate Court-III, Thiruvananthapuram, in

C.C.No.1705 of 2013, relates to the non-payment of contribution

amounting to Rs.78,732/-, assessed by the 1st respondent vide Annexure-

B order. The aforesaid order of the 1st respondent is under challenge in

Annexure C proceedings pending before the Employees Insurance Court,

Kollam. It follows without saying that, if the Employees' Insurance Court, 2025:KER:26040

Kollam, passes an order allowing Annexure C application filed by the

petitioner, Annexure A complaint filed by the 1st respondent loses its legal

sanctity. In other words, the prosecution proceedings initiated against the

petitioner in C.C.No.1705 of 2013 on the files of the Judicial First Class

Magistrate Court - III, Thiruvananthapuram, would be rendered nugatory,

if the Employees' Insurance Court, Kollam, decides Annexure C application

in favour of the petitioner, and declares Annexure B order as null and

void, as prayed for by the petitioner. That being so, the request of the

petitioner that the proceedings before the Judicial First Class Magistrate

Court-III, Thiruvananthapuram, in C.C.No.1705 of 2013, initiated

pursuant to Annexure A complaint, are to be kept in abeyance pending

decision of the Employees' Insurance Court, Kollam, in Annexure C

application, is perfectly justified. Therefore, the relief sought for by the

petitioner in the present petition has to be allowed to meet the ends of

justice. However, taking into account the fact that the case pending

before the learned Magistrate is of the year 2013, I deem it appropriate to

issue directions to the learned Magistrate as well as to the Employees'

Insurance Court, Kollam, so that the matter could be disposed of

expeditiously.

2025:KER:26040

In the result, the petition stands allowed as follows :

(i) The Judicial First Class Magistrate Court-III,

Thiruvananthapuram, is directed to keep in abeyance the

proceedings in C.C.No.1705 of 2013 till the disposal of I.C.No.20 of

2010, on the files of the Employees' Insurance Court, Kollam.

(ii) The Presiding Officer of the Employees' Insurance

Court, Kollam, is directed to expedite the proceedings in I.C.No.20

of 2010 (Annexure C), and to dispose of the case as early as

possible, at any rate, within a period of three months from the date

of receipt of a copy of this order.

(iii) The Presiding Officer of Employees' Insurance

Court, Kollam, shall intimate the disposal of IC No.20/2010, and

forward a copy of the judgment rendered in I.C No.20 of 2010 to

the Judicial First Class Magistrate Court - III, Thiruvananthapuram,

immediately after the disposal of the said case.

(iv) The Presiding Officer of Employees' Insurance

Court, Kollam, shall also forward a report to this Court about the

disposal of I.C.No.20 of 2010 in compliance with the aforesaid 2025:KER:26040

direction, and also about the intimation given to the Judicial First

Class Magistrate Court-III, Thiruvananthapuram, in the above

regard.

(v) The Judicial First Class Magistrate Court-III,

Thiruvananthapuram, shall ascertain the status of I.C. No.20 of

2010, pending before the Employees' Insurance Court, Kollam, if no

intimation is received about the disposal of the said case within a

period of three months from the date of receipt of a copy of this

order.

The Registry shall forward copies of this order to the Employees'

Insurance Court, Kollam, and to the Judicial First Class Magistrate Court -

III, Thiruvannathapuram, with a direction to ensure strict compliance.

Sd/-

G.GIRISH JUDGE IAP 2025:KER:26040

PETITIONER'S ANNEXURES:

ANNEXURE A TRUE COPY OF THE COMPLAINT CC NO.1705/2013 FILED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-III, THIRUVANANTHAPURAM.

ANNEXURE B THE TRUE COPY OF ORDER DATED 11/06/2009 PASSED BY THE 2ND RESPONDENT UNDER SECTION 45(A) OF THE STATE EMPLOYEES INSURANCE ACT.

ANNEXURE C THE TRUE COPY OF IC NO.20/2010 BEFORE THE EMPLOYEES STATE INSURANCE COURT, KOLLAM.

ANNEXURE D TRUE COPY OF THE JUDGMENT DATED 11/10/2011 PASSED IN IC 20/2010 BEFORE THE EMPLOYEES STATE INSURANCE COURT, KOLLAM.