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2011 Supreme(Ker) 1096

K.M.JOSEPH, M.L.JOSEPH FRANCIS
Regional Director – Appellant
Versus
Bishop Moore Vidyapith – Respondent


Advocates Appeared:
For the Appellant :Thomas Mathew Nellimoottil, Advocate.
For the Respondent:N. Sugunapalan, Senior Advocate, and M. B. Prajith, Advocate.

JUDGMENT :

K. M. Joseph, J.

This Appeal is filed under Section 82 (2) of the Employees' State Insurance Act (hereinafter referred to as the Act). The appellants are the Regional Director of the ESI Corporation (hereinafter referred to as the Corporation) and its Recovery Officer. They challenge a preliminary order passed by the Insurance Court, Palakkad, finding that it had jurisdiction in the matter. The respondent/applicant challenged the applicability of the Act to its school, that is situated in Alappuzha District. The appellants raised a preliminary objection, namely since the establishment wherein the 'insured' are working, is situated in Alappuzha District, the Court at Palakkad does not have jurisdiction.

Reasoning and finding of the Court:

2. Section 74 of the Act provides for the constitution of the Court for such local area as may be specified in the Notification. Section 75 of the Act provides for the disputes that can be decided by the Court. Section 76 of the Act provides for the Court where the proceedings have to be instituted. Thereafter, it is noted that Section 75 contemplates disputes between the principal employer and the Corporation, between employees and the Corp














































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