JUDGMENT :

The short point to be decided in these writ petitions is the validity of an order passed by the 1st respondent -State of Kerala by invoking the powers under Sec. 87 of the Employees' State Insurance Act, 1948 (for short “ESI Act”). Whether the appropriate Government while passing orders under Sec.87 of the ESI Act should pass a speaking order and whether the exemption orders can be passed based on the date of the application for exemption in the light of Sec. 91-A of the ESI Act are some of the ancillary points to be decided. Since in all these cases, common questions are raised, the narration of the facts in one of the case will be sufficient for resolving the issue. Therefore, W.P.(C) No. 32536/2017 can be treated as the leading case and the exhibits marked in this case is referred in this judgment unless it is specifically mentioned otherwise.

2. The petitioner in all these writ petitions is Arya Vaidya Sala Kottakkal, which is a charitable trust constituted as per the will executed by late Vaidyaratnam P.S.Warrier in the year 1939. The petitioner is engaged in the manufacture and sale of Ayurvedic medicines. Besides this the petitioner is imparting ayurvedic treatment