WP(C) NO. 28971 OF 2024 : 1 : 2025:KER:26634 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 28971 OF 2024 PETITIONER: GOPALAKRISHNAN ACHARY, AGED 60 YEARS VELLURETHU SAMBHU NIVAS, THITTAMEL, CHENGANNUR P.O., ALAPUZHA (OWNER OF SREERAJ ENGINEERING COMPANY), PIN - 689121 BY ADV UNNI. K.K. (EZHUMATTOOR) RESPONDENTS: 1 EMPLOYEES STATE INSURANCE CORPORATION, REPRESENTED BY ITS REGIONAL DIRECTOR, SUB REGIONAL OFFICE, ESI CORPORATION, PANCHADEEP BHAVAN, ASHRAMAM, KOLLAM, PIN - 691002 2 DEPUTY DIRECTOR, SUB REGIONAL OFFICE, ESI CORPORATION, PANCHADEEP BHAVAN, ASHRAMAM, KOLLAM, PIN - 691002 3 REVENUE RECOVERY OFFICER, SUB REGIONAL OFFICE, ESI CORPORATION, PANCHADEEP BHAVAN, ASHRAMAM,KOLLAM, PIN - 691002 4 MANAGER, BANK OF BARODA, CHENGANNUR BRANCH, PARAMBIL BUILDINGS, MC ROAD, CHENGANNUR, PIN - 689121 5 CHEMICAL PROCESSING PIPES PVT LTD., WP(C) NO. 28971 OF 2024 : 2 : 2025:KER:26634 REPRESENTED BY ITS HUMAN RESOURCES MANAGER, BSD MARG, GOVANDI, EAST MUMBAI, MAHARASHTRA, PIN - 400088 BY ADVS. R1 TO R3 BY T.V.AJAYAKUMAR S.HARIKRISHNAN RIMJU P.H. JOTHIS CHACKO PAULCHAN ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28971 OF 2024 : 3 : 2025:KER:26634 JUDGMENT The petitioner is the proprietor of an establishment covered under the provisions of the Employees' State Insurance Act, 1948 (for short 'the Act'). This writ petition is filed challenging Ext.P6 order passed under Section 45A of the Act determining the contributions payable for the period from September 2016 to September 2017. 2. This Court, by order dated 14.08.2024, stayed further proceedings pursuant to Ext.P6 for a period of one month. 3. When this writ petition came up for consideration today, Sri.T.V.Ajayakumar, learned Standing Counsel for the ESI Corporation submitted that the petitioner has got an effective alternate remedy under Section 75 of the Act WP(C) NO. 28971 OF 2024 : 4 : 2025:KER:26634 before the ESI Court. 4. The learned counsel for the petitioner submits that the petitioner will avail such remedy. 5. In order to enable the petitioner to avail the remedy under Section 75 of the Act, all proceedings pursuant to Ext.P6 shall stand deferred for a period of two months. If the petitioner invokes the jurisdiction of the ESI Court within 30 days from today, the time taken for prosecuting the writ petition before this Court shall be exempted while calculating delay, if any. The writ petition is disposed of as above. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 28971 OF 2024 : 5 : 2025:KER:26634 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 17.11.2014 ISSUED BY THE DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA Exhibit P2 TRUE COPY OF THE UDYOD ADHAR REGISTRATION CERTIFICATE DATED 19.6.2023 ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES Exhibit P3 TRUE COPY OF THE UDAYAM REGISTRATION CERTIFICATE ISSUED MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 27.2.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE PROHIBITORY ORDER DATED 20.2.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER DATED 12.10.2021 PASSED BY THE 2ND RESPONDENT WITH COVERING LETTER DATED 18.4.2024 Exhibit P7 TRUE COPY OF THE REQUEST DATED 28.5.20204 SUBMITTED TO THE 3RD RESPONDENT RESPONDENT EXHIBITS EXHIBIT R5(A) TRUE COPY OF THE COMPUTER GENERATED LIST OF PETITONERS WORKMEN ENGAGED BY THIS RESPONDENT AT VARIOUS E.S.I NON- IMPLEMENTED CLIENT WORK SITES DURING THE PERIOD FROM JULY 2015 TO JULY 2022 EXHIBIT R5(B) TRUE COPY OF COMPUTER GENERATED SPREADSHEET OF E.S.I REMITTANCE MADE BY THIS RESPONDENT IN RESPECT OF PETITIONERS WORKMEN FOR THEIR SERVICES AT E.S.I IMPLEMENTED WORK SITE AT M/S.JINDAL STAINLESS STEEL, DANAGADI, JAJPUR, STATE OF ORISSA WP(C) NO. 28971 OF 2024 : 6 : 2025:KER:26634 EXHIBIT R5(C) TRUE COPY OF LETTER NO.48000368720000699/INS.SROK DT.6.2.2023 ISSUED BY 2ND RESPONDENT TO THIS RESPONDENT EXHIBIT R5(D) TRUE COPY OF THE E MAIL DT. 22.2.2023 AS WELL AS ATTACHED COMMUNICATION ISSUED BY DEPUTY DIRECTOR, E.S.I EXHIBIT R5(E) TRUE COPY OF THE REPLY E MAIL DT.27.2.2023 SUBMITTED BY THIS RESPONDENT TO SRI. BEJOY.P.B, DEPUTY DIRECTOR, E.S.I EXHIBIT R5(F) TRUE COPY OF E MAIL DT. 18.4.2024 ISSUED BY DEPUTY DIRECTOR, E.S.I TO THIS RESPONDENT EXHIBIT R5(G) TRUE COPY OF THE REPLY E MAIL SENT ON 18.4.2024 ALONG WITH ATTACHED SPREADSHEETS EXHIBIT R5(H) TURE COPY OF THE RELEVANT PAGES OF E.S.I CONTRIBUTION HISTORY OF WORKMEN ENGAGED AT E.S.I IMPLEMENTED WORK SITE OF THIS RESPONDENT FOR THE MONTHS OF OCTOBER TO FEBRUARY 2018 AND FROM APRIL 2018 TO JUNE 2018 EXHIBIT R5(I) TRUE COPY OF RELEVANT PAGES OF E.S.I CONTRIBUTION HISTORY OF WORKMEN ENGAGED AT E.S.I IMPLEMENTED WORK SITE OF THIS RESPONDENT FOR THE MONTHS OF OCTOBER TO FEBRUARY 2018 AND FROM APRIL 2018 TO JUNE 2018 EXHIBIT R5(J) TRUE COPY OF THE RELEVANT PAGES OF E.S.I CONTRIBUTION HISTORY OF WORKMEN ENGAGED AT E.S.I IMPLEMENTED WORK SITE OF THIS RESPONDENT FOR THE MONTHS OF OCTOBER TO FEBRUARY 2018 AND FROM APRIL 2018 TO JUNE 2018 EXHIBIT R5(K) TRUE COPY OF THE RELEVANT PAGES OF E.S.I CONTRIBUTION HISTORY OF WORKMEN ENGAGED AT E.S.I IMPLEMENTED WORK SITE OF THIS RESPONDENT FOR THE MONTHS OF OCTOBER TO WP(C) NO. 28971 OF 2024 : 7 : 2025:KER:26634 FEBRUARY 2018 AND FROM APRIL 2018 TO JUNE 2018 EXHIBIT R5(L) TRUE COPY OF THE RELEVANT PAGES OF E.S.I CONTRIBUTION HISTORY OF WORKMEN ENGAGED AT E.S.I IMPLEMENTED WORK SITE OF THIS RESPONDENT FOR THE MONTHS OF OCTOBER TO FEBRUARY 2018 AND FROM APRIL 2018 TO JUNE 2018 EXHIBIT R5(M) TRUE COPY OF THE RELEVANT PAGES OF E.S.I CONTRIBUTION HISTORY OF WORKMEN ENGAGED AT E.S.I IMPLEMENTED WORK SITE OF THIS RESPONDENT FOR THE MONTHS OF OCTOBER TO FEBRUARY 2018 AND FROM APRIL 2018 TO JUNE 2018 EXHIBIT R5(N) TRUE COPY OF THE RELEVANT PAGES OF E.S.I CONTRIBUTION HISTORY OF WORKMEN ENGAGED AT E.S.I IMPLEMENTED WORK SITE OF THIS RESPONDENT FOR THE MONTHS OF OCTOBER TO FEBRUARY 2018 AND FROM APRIL 2018 TO JUNE 2018 EXHIBIT R5(O) TRUE COPY OF THE RELEVANT PAGES OF E.S.I CONTRIBUTION HISTORY OF WORKMEN ENGAGED AT E.S.I IMPLEMENTED WORK SITE OF THIS RESPONDENT FOR THE MONTHS OF OCTOBER TO FEBRUARY 2018 AND FROM APRIL 2018 TO JUNE 2018 EXHIBIT R5(P) TRUE COPY OF THE E.S.I CASH RECEIPTS GENERATED ONLINE UPON REMITTANCE OF E.S.I CONTRIBUTIONS OF ITS WORKMEN AT ESI IMPLEMENTED WORK SITE AT JAJPUR, ORISSA DURING PERIOD THE FROM OCTOBER 2017 TO FEBRUARY 2018 AND FROM APRIL 2018 TO JUNE 2018, ISSUED ON BEHALF OF E.S.I CORPORATION EXHIBIT- R1(A) TRUE COPY OF THE LETTER DATED 12-7-2020 ISSUED BY THE ESIC. EXHIBIT- R1(B) TRUE COPY OF THE FORM C-18 ADHOC NOTICE DATED 21-12-2020 ISSUED BY THE ESIC. WP(C) NO. 28971 OF 2024 : 8 : 2025:KER:26634 EXHIBIT- R1(C) TRUE COPY OF THE ACKNOWLEDGEMENT CARDS EXHIBIT- R1(D) TRUE COPY OF THE E-MAIL DATED1-1-2021 SENT BY THE EMPLOYER EXHIBIT- R1(E) TRUE COPY OF THE E-MAIL DATED 14-1-2021 SENT BY THE RESPONDENTS TO THE PETITIONER. EXHIBIT- R1(F) TRUE COPY OF THE LETTER DATED 8-7-2021 ISSUED BY THE ESIC TO THE PETITIONER. EXHIBIT- R1(G) TRUE COPY OF THE UNCLAIMED ENDORSEMENT EXHIBIT- R1(H) TRUE COPY OF THE LETTER DATED 7-1-2022 OF THE PETITIONER TO THE RESPONDENTS EXHIBIT- R1(I) TRUE COPY OF THE C-19 RECOVERY NOTICE DATED 18-1-2022 ISSUED BY THE ESIC TO THE PETITIONER. EXHIBIT- R1(J) TRUE COPY OF THE ACKNOWLEDGMENT CARDS. EXHIBIT- R1(K) TRUE COPY OF THE NOTICE DATED 2-3-2022 ISSUED BY THE RECOVERY OFFICER TO THE PETITIONER EXHIBIT- R1(L) TRUE COPY OF THE ACKNOWLEDGEMENT CARD. EXHIBIT- R1(M) TRUE COPY OF THE SUMMONS DATED 9-6-2022 ISSUED TO THE PETITIONER EXHIBIT- R1(N) TRUE COPY OF THE UNCLAIMED SUMMONS