CENTRAL ARECANUT AND COCOA MARKETING AND PROCESSING CO-OP LTD Vs. SECRETARY TO THE GOVERNMENT LABOUR DEPARTMENT AND ORS

JUDGEMENT

(1.) Writ petitioner, a cooperative limited, is an organization which is covered under the provisions of the Employees State Insurance Act, 1948 [for short, the Act]. The present writ petition is questioning the legality of the proceedings/ resolution dated 13-3-2012 [copy at Annexure-A to the writ petition] held under the chairmanship of the first respondent-secretary to government, labour department, government of Karnataka, resolving to submit to the High Court that pursuant to the directions issued as per the order dated 17-2-1999 passed in WP No 21286 of 1997, question of granting exemption to the petitioner-institution from the applicability of the provisions of the Act for the period 1987 to 1997 was examined, but as it was found that in view of the provisions of Section 91A of the Act, exemption cannot be granted retrospectively, it is not now possible to accord exemption to the petitioner-establishment for the said period and exemption will be granted only prospectively. It is this resolution that is called in question seeking for quashing of the same and for issue of consequential directions to the respondents.

(2.) This is the fourth round of writ litigation by the very petitioner before this court and an order dated 17-2-1999 passed in WP No 21286 of 1997 was the first round. Petitioner has been making efforts to get the exemption to its establishment from the applicability of the provisions of the Act. In this background, an order had come to be passed in the first instance by the government of Karnataka on 9-7-1999 [copy at Annexure-C to the writ petition] granting exemption permanently with retrospective effect from 13-12-1983. This order had come to be passed pursuant to the application of the year 1997, about which there is no dispute amongst the parties.

(3.) It is on the premise of this application not being considered, WP No 21286 of 1997 had been presented before this court. This court while allowing the writ petition in part, directed that the application should be considered in accordance with law and dispose of the same within two months from the date of receipt of a copy of the order. Thereafter, Annexure-C order had followed.