MAYIN BEEDI COMPANY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a firm engaged in packing and distribution of Beedis. Pursuant to application made by the petitioner, the Government, in consultation with the Employees' State Insurance Corporation (hereinafter referred to as 'ESI Corporation') and in exercise of powers under sec. 87 of the Employees' State Insurance Act, 1948 (for short, 'the Act') exempted the firm from the operation of the provisions of the Act for the period from 1998-'99 to 2001-'02 by Exts.P1 to P3 orders.

(2.) Though the petitioner applied for exemption under the Act for the period from 1/7/2002 onwards, the application was rejected by the Government by Ext.P3 stating that the facilities provided by the petitioner's establishment are not similar or superior to the facilities provided under the ESI scheme.

(3.) Contending that Ext.P3 order has been passed without taking into account the relevant facts, the petitioner made Ext.P4 petition before the Government seeking reconsideration and review of Ext.P3 order. Since Ext.P4 was not considered by the Government, the petitioner approached this Court by filing W.P.(C) No.30948/2015 seeking direction to the Government to consider Ext.P4 petition and this Court, by Ext.P5 judgment, directed the Government to consider Ext.P4 petition with notice to the petitioner and the ESI Corporation.