S. Siri Jagan, J.

1. In these two appeals common questions of law arise for decision of this Court. The parties in these two appeals are also the same. The appellant issued show cause notices to the respondent to show cause, why criminal prosecution should not be initiated against him for non-payment of contributions under the Employees State Insurance Act for different periods in respect of the employees of the Co-operative Society of which the respondent was the then President. The respondent challenged the show cause notices before the Employees Insurance Court, Alappuzha, which was adjudicated by the Employees Insurance Court as IC Nos. 6 and 7 of 2004. In the I.Cs, the respondent sought a declaration that the proposal to initiate criminal prosecution against the respondent as per the show cause notice is unsustainable on the ground that the liability is only on the Co-operative Society of which he was the President at the relevant time and the respondent has no personal liability to pay the same. The E.I court, relying on the decision of the Division Bench of this Court in Suseelan v. State of Kerala reported in 2002 (1) KLT 226, held that insofar as the respondent i