The claim raised in the above writ petition is covered under the Employees State Insurance Act, 1948 (for brevity, 'the ESI Act'). A stay was also granted, since the Employees Insurance Court (EI Court), Palakkad was not functioning at that point of time. In any event, the impugned order is appealable under Section 75 of the ESI Act. 2. The learned Counsel for the petitioner would submit that, the petitioner has been exempted by reason of the order of the appropriate Government, which exempted all hospitals, which are granting better medical facilities to its employees than that is provided under the ESI Act. The learned Standing Counsel for the respondent Corporation would submit that exemption either has to be granted to the individual employer or the question as to better facilities granted by the individual employer, would have to be W.P.(C) No.13095 of 2014 - J 2 considered under Section 75 of the ESI Act.
3. In such circumstance, leaving open the remedies available to the petitioner under the ESI Act, the writ petition is disposed of making it clear that the petitioner shall approach the EI Court, within a period of one month from today. The EI Court shall also consider any interim application filed before the Court. The interim order passed in the above writ petition shall be in force for two months from today, within which time the EI Court shall consider the interim application and thereafter the matter shall be governed by such orders passed by the EI Court.
The writ petition is disposed of.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // true copy // P.A To Judge.