Amritha Institute Of Medical Sciences And Research Centre v. Employees State Insurance Corporation

A.K. Jayasankaran Nambiar, J.:— The petitioner has preferred Ext. P8 representation seeking a clarification on an exemption from the provisions of the ESI Act, that it had earlier obtained. The said representation is stated to be pending consideration before the 3 respondent. The immediate provocation for the writ petition appears to be the notices issued to the petitioner (Exts.P3 and P4) by the 1 and 2 respondent who are proceeding with the assessment under the ESI Act. The limited prayer of the petitioner at this stage is for a direction to the 3 respondent to consider and pass orders on Ext. P8 representation expeditiously, and to the 1 and the 2 respondents to refrain from proceedings further with Exts.P3 and P4 notices till such time as orders are passed by the 3 respondent on Ext. P8 representation.

2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. In the light of the rival contentions, I dispose the writ petition with the following directions.

1) The 3 respondent shall consider and pass orders on Ext. P8 representation preferred by the petitioner within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner.

2) The 3 respondent shall, thereafter, communicate the order to the respondents 1 and 2, who shall then proceed to adjudicate Exts.P3 and P4 notices, after hearing the petitioner, within a further period of two months from the date of receipt of the order from the 3 respondent.

3) The petitioner shall produce a copy of the writ petition together with a copy of this judgment before respondents 1, 2 and 3 for further action.

4) It is made clear that all contentions taken by the petitioner in the writ petition are left open for consideration by the respondents.