KERALA EDUCATIONAL SOCIETY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955. It is running schools and creches in different parts of the State of Kerala. When the Employees' State Insurance Corporation (hereinafter referred to as the Corporation for short) initiated proceedings against the petitioner society under the provisions of the Employees' State Insurance Act, 1948 (hereinafter referred to as the Act for short), the petitioner filed Ext.P3 application before the State Government, the appropriate authority under the Act seeking exemption from the provisions of the Act. Earlier, the petitioner had filed a representation before the Hon'ble Minister for Labour seeking the same relief, but, pursuant to Ext.P2 letter dated 20.5.2010 received from the Government an application in the prescribed form, evidenced by Ext.P3, was submitted. When that representation was kept pending, the petitioner filed W.P.(C)No.1 164 of 2011 in this Court. By Ext.P13 judgment delivered on 13.1.2011 this Court disposed of the said Writ Petition with a direction to the State Government, joined as the second respondent in the Writ Petition, to pass appropriate orders on Ext.P3 application after ascertaining the views of the Corporation and after affording the petitioner and a representative of the Corporation an opportunity of being heard. The Government there after passed Ext.P14 order dated 10.6.2011 rejecting the application. Hence this Writ Petition challenging Ext.P14 and seeking the following reliefs:-

(2.) I heard Sri. Mohan Pulickkal, learned counsel appearing for the petitioner, Sri. Hanil Kumar, learned Government Pleader appearing for the State of Kerala, Sri. P. Sankararjkutty Nair, learned standing counsel appearing for the Corporation and Sri.P.Parameswaran Nair, learned Assistant Solicitor General of India appearing for the third respondent.

(3.) The operative portion of the impugned order reads as follows:-