VISWANATH AGARWAL W/O HARIRAM Vs. RECOVERY OFFICER, EMPLOYEES STATE INSURANCE CORPORATION PANCH DWEEP BHAVAN NORTH SWARAJ ROUND THRISSUR

JUDGEMENT

(1.) PETITIONER is the son of late Sri.Hariram Agarwal, who was conducting business in spices in the name and style of M/s.Rajesh Spices at Kochi. During the lifetime of Sri.Hariram Agarwal, petitioner was his power of attorney holder.

(2.) THE ESI corporation, initiated proceedings against the aforesaid establishment on the basis that it is a covered establishment. THE coverage was challenged by the establishment by filing an application before the ESI Court. THE ESI Court passed Ext.P1 order, upholding the issue of coverage in favour of the Corporation, but however, held that head load workers are not liable to be covered. Against this order, the ESI Corporation filed MFA No.773/1998, which was disposed of by a Division Bench of this Court by Ext.R1 judgment, recognizing the right of the Corporation to demand contribution in respect of all the employees including the head load workers deputed by the Board.

(3.) THEREFORE, I dispose of this writ petition quashing Exts.P4 and P5. However, it is made clear that if the respondents have still a case that the petitioner is a transferee. It will be open to the respondents to establish appropriate proceedings and thereafter, proceed against the petitioner, if he is found to be a transferee liable of such contribution. Writ petition is disposed of as above.