IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ins.APP.No. 17 of 2008()
1. THE REGIONAL DIRECTOR,
... Petitioner
Vs
1. M/S.JEEVAN TELECASTING CORPORATION
... Respondent
For Petitioner :SRI.T.V.AJAYAKUMAR
For Respondent :SRI.A.V.XAVIER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/01/2010
O R D E R
M.N.KRISHNAN, J.
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INS.APPEAL.No. 17 OF 2008
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Dated this the 6th day of January, 2010
J U D G M E N T
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This appeal is preferred against the order of the
Employees Insurance Court, Alappuzha, in I.C.No.93/2006. The
establishment was directed to pay damages of Rs.19,106/- and
to set aside the same, the Employees Insurance Court was
moved. It is contended by the establishment that there was no
willful laches and the delay occasioned on account of the
unavoidable financial crisis. Now, it is the fairly well settled
position that the mere delay in payment shall not be a ground
to impose damages. There must be mens rea, contumacious
conduct or deliberate evadement of payment. As seen from the
order of the court below, the reason for the delay is on account
of financial crisis beyond the control. There was no deliberate
attempt to delay the payment. Recently, a Division Bench of this
Court in the decision reported in Regional Director, E.S.I.
Corporation and another v. Managing Director,
M/s.Qetcos Ltd [ILR 2008(3)132] had held that in all cases
INAP.No.17/2008 2
damages need not be levied, if it is proved to the satisfaction of
the Court that there was no mens rea or contumacious conduct.
Therefore, applying the dictum and to the facts of the present
case, it has to be held that the discretion has been properly
exercised by the court below. Therefore, the appeal lacks merits
and dismissed.
(M.N.KRISHNAN, JUDGE)
ps