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Judgment
B. Kemal Pasha, J.—The matter relates to the coverage of some persons employed as head load workers in an establishment. The head load workers were supplied by the Committee under the Kerala Head Load Workers Welfare Fund Board(herein after referred to as the ''Board''). The question herein is, whether the said Committee is the ''principal employer'' or whether the establishment is the ''principal employer''.
In this particular case, no notice was served on the Board or the committee. Strangely enough, without impleading the Committee under the Board, the Insurance Court, Alappuzha in I.C. No. 31 of 2010 entered a finding that the Committee under the Board, who is the ''principal employer'' is liable to pay the contribution in respect of the employees supplied by them. The ESI Corporation has come up in appeal, challenging the said finding.
It seems that the Apex Court has given certain directions in Civil Appeal No. 5215 of 2006 [ESI Corporation v. Babu Rao] relating to the same question. In that particular case the matter was remitted back to the ESI Court with a direction to implead the State as well as the Committee under the Board and to determine the question whether the establishment or the said Committee is the principal employer. No decision has been taken by the E.I. Court in the said matter. This Court has remitted back two identical matters to the Tribunal to enter a finding on the said issue, after impleading necessary parties. It seems that without impleading the Committee under the Board, the court below has entered a finding relating to the liability of the Committee under the Board in this case. Matters being so, this case also requires reconsideration.
In the result, this Insurance Appeal is allowed and the impugned judgment is set aside. The matter is remitted back to the court below for fresh disposal in accordance with law, after impleading the State as well as the Committee under the Board, and after extending an opportunity to all the parties to forward their case. The parties shall appear before the court below on 21.07.2014.