IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 578 of 1999()
1. E.S.I. CORPORATION
... Petitioner
Vs
1. M/S.KERALA TRANSPORT COMPANY
... Respondent
For Petitioner :SRI.T.P.M.IBRAHIM KHAN, SC, ESI CORPN.
For Respondent :SRI.U.K.RAMAKRISHNAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/11/2006
O R D E R
J.B.KOSHY & M.N.KRISHNAN, JJ.
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M.F.A.NO.578 OF 1999
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Dated 6th November, 2006
JUDGMENT
Koshy,J
.
When the Employees’ State Insurance Corporation
demanded interest for the delay in payment of contribution,
the respondent approached the Employees’ Insurance Court.
The Employees’ Insurance Court held that interest can be
levied only at the rates prevalent as per the regulations
existing from time to time. The above view was already
upheld by this court by judgment dated 17th March, 2003 in
M.F.A.No.909 of 1997. The E.I. Court only directed the
Corporation itself to recalculate the interest at the
prevailing rate on the basis of the regulations existing from
time to time and not on the revised rate at the time of
payment of interest. We see no ground to interfere in the
matter.
The appeal is dismissed.
J.B.KOSHY
JUDGE
M.N.KRISHNAN
JUDGE
tks