E S I Corporation Vs Kannapuram Weavers Industrial Co Op Society - Citation 729834 - Court Judgment

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			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
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			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'appealno' => 'INAP No. 21 of 2006',
		'appellant' => 'E.S.i. Corporation',
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		'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
		'caseanalysis' => null,
		'casesref' => 'Mahadeo Band v. M.S.R.T.C.;',
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		'counselplain' => ' T.V. Ajayakumar, Adv.',
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		'court' => 'Kerala',
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		'decidedon' => '2006-11-21',
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		'judge' => ' Thottathil B. Radhakrishnan, J.',
		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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- code of civil procedure, 1908.[c.a. no. 5/1908]. section 100-a [as substituted by c.p.c. amendment act, 2002]: [v.k. bali, cj, kurian joseph & k. balakrishnan nair, jj] applicability held, section is not retrospective. all appeals filed prior to 1.7.2002 are competent. but subsequent to 1.7.2002 intro court appeals against judgment of single judge is not maintainable. provisions of section 100-a, c.p.c., will prevail over the provisions contained in the kerala high court act, 1959. - such deeming provision by which the order of the court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the court as well as the nature of the matters enumerated in section 75(1), as questions and disputes that could be.....

Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context                                    }

                                //highest occurence of word in the judgement

                                echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'E S I Corporation Vs Kannapuram Weavers Industrial Co Op Society - Citation 729834 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '729834',
			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
			'appealno' => 'INAP No. 21 of 2006',
			'appellant' => 'E.S.i. Corporation',
			'authreffered' => '',
			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
			'caseanalysis' => null,
			'casesref' => 'Mahadeo Band v. M.S.R.T.C.;',
			'citingcases' => '',
			'counselplain' => ' T.V. Ajayakumar, Adv.',
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			'court' => 'Kerala',
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			'decidedon' => '2006-11-21',
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			'judge' => ' Thottathil B. Radhakrishnan, J.',
			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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			'pubs' => '[2007(112)FLR769]; 2007(1)KLT55; (2007)IILLJ34Ker',
			'ratiodecidendi' => '',
			'respondent' => 'Kannapuram Weavers Industrial Co-op. Society',
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		'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
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		'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
		'caseanalysis' => null,
		'casesref' => 'Mahadeo Band v. M.S.R.T.C.;',
		'citingcases' => '',
		'counselplain' => ' T.V. Ajayakumar, Adv.',
		'counseldef' => '',
		'court' => 'Kerala',
		'court_type' => 'HC',
		'decidedon' => '2006-11-21',
		'deposition' => '',
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		'findings' => null,
		'judge' => ' Thottathil B. Radhakrishnan, J.',
		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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			'id' => '729834',
			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
			'appealno' => 'INAP No. 21 of 2006',
			'appellant' => 'E.S.i. Corporation',
			'authreffered' => '',
			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
			'caseanalysis' => null,
			'casesref' => 'Mahadeo Band v. M.S.R.T.C.;',
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			'counselplain' => ' T.V. Ajayakumar, Adv.',
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			'judge' => ' Thottathil B. Radhakrishnan, J.',
			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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		'decidedon' => '2006-11-21',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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		'respondent' => 'Kannapuram Weavers Industrial Co-op. Society',
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thottathil b. radhakrishnan, j.1. can caveats be lodged before employees' insurance court2. esi corporation lodged a caveat before the employees' insurance court ('court', for short), in terms of section 148a of the code of civil procedure ('cpc', for short). the court refused the lodgment, taking the view that section 148a of cpc is not applicable to the court and that neither employees' state insurance act, 1948 ('act, for short) nor the rules framed thereunder, invests the court with power to entertain a caveat. hence, this appeal by the corporation.3. the refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the act, is likely to move the court and obtain interlocutory order against the corporation which.....

Judgment:

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			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
			'appealno' => 'INAP No. 21 of 2006',
			'appellant' => 'E.S.i. Corporation',
			'authreffered' => '',
			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
			'caseanalysis' => null,
			'casesref' => 'Mahadeo Band v. M.S.R.T.C.;',
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			'counselplain' => ' T.V. Ajayakumar, Adv.',
			'counseldef' => '',
			'court' => 'Kerala',
			'court_type' => 'HC',
			'decidedon' => '2006-11-21',
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			'judge' => ' Thottathil B. Radhakrishnan, J.',
			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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			'respondent' => 'Kannapuram Weavers Industrial Co-op. Society',
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		'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
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		'appellant' => 'E.S.i. Corporation',
		'authreffered' => '',
		'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
		'caseanalysis' => null,
		'casesref' => 'Mahadeo Band v. M.S.R.T.C.;',
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		'counselplain' => ' T.V. Ajayakumar, Adv.',
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		'decidedon' => '2006-11-21',
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		'judge' => ' Thottathil B. Radhakrishnan, J.',
		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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	(int) 0 => '<p>Thottathil B. Radhakrishnan, J.',
	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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Thottathil B. Radhakrishnan, J.

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			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
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			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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1. Can caveats be lodged before Employees' Insurance Court

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			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
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			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.

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			'appealno' => 'INAP No. 21 of 2006',
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			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
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		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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	(int) 0 => '<p>Thottathil B. Radhakrishnan, J.',
	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.

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			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
			'appealno' => 'INAP No. 21 of 2006',
			'appellant' => 'E.S.i. Corporation',
			'authreffered' => '',
			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
			'caseanalysis' => null,
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
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		'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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	(int) 0 => '<p>Thottathil B. Radhakrishnan, J.',
	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.

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			'id' => '729834',
			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
			'appealno' => 'INAP No. 21 of 2006',
			'appellant' => 'E.S.i. Corporation',
			'authreffered' => '',
			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
			'caseanalysis' => null,
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
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		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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	(int) 0 => '<p>Thottathil B. Radhakrishnan, J.',
	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian Evidence Act, 1872 shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.

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			'id' => '729834',
			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
			'appealno' => 'INAP No. 21 of 2006',
			'appellant' => 'E.S.i. Corporation',
			'authreffered' => '',
			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
		'appealno' => 'INAP No. 21 of 2006',
		'appellant' => 'E.S.i. Corporation',
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		'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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		'counselplain' => ' T.V. Ajayakumar, Adv.',
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		'decidedon' => '2006-11-21',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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	(int) 0 => '<p>Thottathil B. Radhakrishnan, J.',
	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.

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	'title_for_layout' => 'E S I Corporation Vs Kannapuram Weavers Industrial Co Op Society - Citation 729834 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '729834',
			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
			'appealno' => 'INAP No. 21 of 2006',
			'appellant' => 'E.S.i. Corporation',
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			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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			'casesref' => 'Mahadeo Band v. M.S.R.T.C.;',
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			'counselplain' => ' T.V. Ajayakumar, Adv.',
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
		'appealno' => 'INAP No. 21 of 2006',
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		'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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		'counselplain' => ' T.V. Ajayakumar, Adv.',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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	(int) 0 => '<p>Thottathil B. Radhakrishnan, J.',
	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.

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			'id' => '729834',
			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
			'appealno' => 'INAP No. 21 of 2006',
			'appellant' => 'E.S.i. Corporation',
			'authreffered' => '',
			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
			'caseanalysis' => null,
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			'counselplain' => ' T.V. Ajayakumar, Adv.',
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
		'appealno' => 'INAP No. 21 of 2006',
		'appellant' => 'E.S.i. Corporation',
		'authreffered' => '',
		'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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		'counselplain' => ' T.V. Ajayakumar, Adv.',
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		'decidedon' => '2006-11-21',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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	(int) 0 => '<p>Thottathil B. Radhakrishnan, J.',
	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.

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			'id' => '729834',
			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
			'appealno' => 'INAP No. 21 of 2006',
			'appellant' => 'E.S.i. Corporation',
			'authreffered' => '',
			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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		'counselplain' => ' T.V. Ajayakumar, Adv.',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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	(int) 0 => '<p>Thottathil B. Radhakrishnan, J.',
	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.

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			'id' => '729834',
			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
			'appealno' => 'INAP No. 21 of 2006',
			'appellant' => 'E.S.i. Corporation',
			'authreffered' => '',
			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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	(int) 0 => '<p>Thottathil B. Radhakrishnan, J.',
	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.

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			'id' => '729834',
			'acts' => 'Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a>',
			'appealno' => 'INAP No. 21 of 2006',
			'appellant' => 'E.S.i. Corporation',
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			'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
			'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
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			'judgement' => '<p style="text-align: justify;">Thottathil B. Radhakrishnan, J.</p><p style="text-align: justify;">1. Can caveats be lodged before Employees' Insurance Court</p><p style="text-align: justify;">2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p style="text-align: justify;">3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p style="text-align: justify;">4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p style="text-align: justify;">5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p style="text-align: justify;">6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p style="text-align: justify;">7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p style="text-align: justify;">8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p style="text-align: justify;">9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p style="text-align: justify;">For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'casename' => 'E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society',
		'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]:  [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability  Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959.          -  Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one. 6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
		'caseanalysis' => null,
		'casesref' => 'Mahadeo Band v. M.S.R.T.C.;',
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		'counselplain' => ' T.V. Ajayakumar, Adv.',
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		'judgement' => '<p>Thottathil B. Radhakrishnan, J.</p><p>1. Can caveats be lodged before Employees' Insurance Court</p><p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.</p><p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.</p><p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.</p><p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.</p><p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.</p><p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.</p><p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.</p><p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.</p><p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p></p><p>',
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		'respondent' => 'Kannapuram Weavers Industrial Co-op. Society',
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	(int) 0 => '<p>Thottathil B. Radhakrishnan, J.',
	(int) 1 => '<p>1. Can caveats be lodged before Employees' Insurance Court',
	(int) 2 => '<p>2. ESI Corporation lodged a caveat before the Employees' Insurance Court ('Court', for short), in terms of Section 148A of the Code of Civil Procedure ('CPC', for short). The Court refused the lodgment, taking the view that Section 148A of CPC is not applicable to the Court and that neither Employees' State Insurance Act, 1948 ('Act, for short) nor the Rules framed thereunder, invests the Court with power to entertain a caveat. Hence, this appeal by the Corporation.',
	(int) 3 => '<p>3. The refused lodgment was on the apprehension that the respondent, who allegedly owes substantial amounts by way of contribution etc. under the Act, is likely to move the Court and obtain interlocutory order against the Corporation which deals with public funds and is constituted to achieve social welfare goals.',
	(int) 4 => '<p>4. Section 74 of the Act provides for the constitution of the Court. Sub-section (3) of Section 75 provides exclusion of jurisdiction of the civil court to decide or deal with any question or dispute enumerated as matters to be decided by the Court. Section 77 dealing with commencement of proceedings, prescribes the period of limitation with reference to the arising of the causes of action, classified into three, as per the Explanation to Sub-section (1A) thereof. The Court deals with causes of action which could have otherwise fallen for adjudication before the civil courts. That is the reason of the exclusion of jurisdiction of the civil courts. Sub-section (4) of Section 78 provides that the order of the Court shall be enforceable as if it were a decree passed in a suit by a civil court. Such deeming provision by which the order of the Court gets treated as a decree passed in a suit by a civil court and the quality of the causes of action that can be dealt with by the Court as well as the nature of the matters enumerated in Section 75(1), as questions and disputes that could be decided upon by the Court, to the exclusion of the jurisdiction of civil court, are materials, ample enough to hold that the Court has all the trapP1ngs of a court of civil jurisdiction and is therefore one.',
	(int) 5 => '<p>5. Section 141 of CPC makes the procedure provided by the Code in regard to suits, applicable, as far as it can be, to all proceedings in any court of civil jurisdiction. Coupled with this, is the provision in Section 18(2), requiring the Court to follow such procedure as may be prescribed by the Rules framed by the State Government, which is authorised in Section 96(1)(b) of the Act to make rules, not inconsistent with the Act, in regard to the procedure to be followed in proceedings before the Court and the execution of orders made by the Court. Rule 47, among the rules made, under such power, by the State Government, namely, the Kerala Employees' Insurance Courts Rules, 1958, ('the Rules', for short), provides that in respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of CPC including the rules made thereunder and the Indian <a>Evidence Act, 1872</a> shall, so far as may be, apply to proceedings under the Act. Hence, in matters relating to procedure, for which no specific provision is made in the Act or the Rules, CPC, including the rules in its First Schedule shall be followed in the proceedings before the Court.',
	(int) 6 => '<p>6. Except in exceptional circumstances, the rules of procedure and fair play demand that no interlocutory order shall be issued aqainst a person, who would be affected thereby, without being afforded an opportunity of being heard. This is the reason why law stipulates that an ad interim order issued without hearing a person, who would be affected thereby, should be supported by reasons for deferring issuance of notice before making such an order. If a person who apprehends an interlocutory order against him volunteers to be present and offers to take notice and place contentions in opposition, there is no reason to refuse him the opportunity to oppose the grant of ad interim relief. The lodgment of a caveat does not depend upon any opposition to it by the intending plaintiff/petitioner/appellant. Section 148A, though captioned as a right to lodge a caveat, is essentially the recognition of the legal right of an intending opponent to a litigation, to an opportunity of being heard before any interlocutory order is issued. Section 148A of CPC is the legislative recognition of the existence of such an opportunity in an intending opponent and the obligations of the courts to afford to him such opportunity, on request in that behalf being registered with the court, in the prescribed manner. This is the progressive and purposive manner in which Section 148A of CPC has to be interpreted with the change of times and growth of litigations, in quantity and diversity, though not always in quality. No principle of law, justice, equity, fair play, or good conscience advises me to hold that if a respondent requests for an opportunity of hearing, he should be refused such opportunity and be told that he could avail such opportunity of hearing only after the Court considers issuance of an interlocutory order ex parte.',
	(int) 7 => '<p>7. For the view that I have taken above, I find formidable support in the decision of the Division Bench of the Allahabad High Court in Chandrajit v. Ganeshiya : AIR1987All360 wherein it was held that a caveat is only an intimation to a Judge notifying that the opposite party be given an opportunity to be heard before any action is taken on the application or proceeding initiated by the other side. Also, following the said decision, the Bombay High Court held in Mahadeo Band v. M.S.R.T.C. 1992 Mh.L.J. 31 that lodgment of caveats cannot be discouraged by the Industrial or Labour Court or any authority dealing with judicial or quasi judicial function.',
	(int) 8 => '<p>8. The right of the E.S.I. Corporation to be heard in opposition to any interlocutory application that may be filed at the instance of a person like the respondent is beyond challenge because such interlocutory order as would be sought for would intervene with the rights and statutory powers of the Corporation to ensure contributions and other payments as are required under the Statute.',
	(int) 9 => '<p>9. Hence, it has to be treated as a just and fair practice, to permit the Corporation to lodge caveat before the Court. Section 148A of the CPC can be treated as part of those provisions of the Code that would apply to proceedings before the Court in terms of Rule 47 of the Rules, as also in terms of Section 141 CPC.',
	(int) 10 => '<p>For the aforesaid reasons, it is declared that a party desirous of lodging a caveat before the Employees' Insurance Court, is entitled to do so and that Court shall, for the purpose of such institution, follow the procedure prescribed in Section 148A and Order, if any, (LIV. in Kerala) of the Code of Civil Procedure.<p>',
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Subject	Service
Court	Kerala High Court
Decided On	Nov-21-2006
Case Number	INAP No. 21 of 2006
Judge	Thottathil B. Radhakrishnan, J.
Reported in	[2007(112)FLR769]; 2007(1)KLT55; (2007)IILLJ34Ker
Acts	Code of Civil Procedure (CPC) - Sections 141 and 148A; Kerala Employees' Insurance Courts Rules, 1958 - Rule 47; Employees' State Insurance Rules, 1948; Employees' State Insurance Act, 1948 - Sections 18(2), 74, 75, 75(1), 75(3), 77, 78(4) and 96(1); Evidence Act, 1872
Appellant	E.S.i. Corporation
Respondent	Kannapuram Weavers Industrial Co-op. Society
Advocates:	T.V. Ajayakumar, Adv.
Cases Referred	Mahadeo Band v. M.S.R.T.C.

E.S.i. Corporation Vs. Kannapuram Weavers Industrial Co-op. Society - Court Judgment