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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
THE DEPUTY DIRECTOR, EMPLOYEES' STATE INSURANCE CORPORATION (ESIC) – Appellant
Versus
1 DR.SUNNY JOSEPH, 2 DR.LEENA SUNNY JOSEPH – Respondent
| Table of Content |
|---|
| 1. dispute over esi coverage of nursing home. (Para 1 , 2) |
| 2. learned single judge's decision quashing esic orders. (Para 3 , 4) |
| 3. arguments on employee count and notification requirements. (Para 5 , 6) |
| 4. court's need for factual assessment and authority determination. (Para 7 , 8) |
| 5. holds that disputes are remitted to ei court. (Para 9 , 10) |
JUDGMENT
Dated this the 31st day of October, 2025
Syam Kumar V.M., J.
These appeals are filed by the Employees' State Insurance Corporation (ESIC), challenging a common judgment dated 01.11.2022 of the learned Single Judge disposing of W.P.(C) No.14819 of 2022 and W.P.(C) No.15366 of 2022.
2. The subject matter in dispute concerns the ESI coverage of a private nursing home viz., St. Gregorious Memorial Thekkedath Hospital, Pathanapuram P.O., Kollam, run by the respondents, who are a doctor couple. The ESI Corporation had issued a notice to the establishment under Section 40 read with Section 39 of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the ESI Act') demanding an amount of Rs.3,76,035/- towards contribution for the period from September 2016 to October 2021. The respondents contended that their establi
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