High Court Kerala High Court

E.S.I. Corporation vs M/S.Kerala Transport Company on 6 November, 2006

Kerala High Court
E.S.I. Corporation vs M/S.Kerala Transport Company on 6 November, 2006
       

  

  

 
 
  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.

                    ------------------------------

                          M.F.A.NO.578 OF 1999

                    ------------------------------

                        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