IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ins.APP.No. 95 of 2007()
1. THE REGIONAL DIRECTOR,
... Petitioner
2. THE RECOVERY OFFICER,
Vs
1. SRI.R.SYAMNATH, MANAGING DIRECTOR,
... Respondent
For Petitioner :SRI.T.V.AJAYAKUMAR, SC, ESI CORPN.
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/12/2008
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
INS.APPEAL NO. 95 OF 2007
= = = = = = = = = = = = = = =
Dated this the 5th day of December, 2008.
J U D G M E N T
This appeal is preferred against the judgment of the
Employees Insurance Court, Kollam in I.C.5/04. It is with
respect to the damages and the E.I. Court has allowed their
application and set aside the imposition of penalty. A
Division Bench of this Court had the opportunity to consider
the question relating to the very same establishment in the
decision reported in Regional Director, ESI Corporation
v. Managing Director, M/s Qetcos Ltd. (ILR 2008 (3)
Kerala Series 132) and after exhaustively considering all
the points, sustained the order of the E.I. Court setting aside
the damages. That appeal had arisen out of the same order
passed in the connected case. Therefore in the light of the
said decision I do not want to elaborate but hold that it will
squarely apply to the facts of this case which means that
there is nothing to interfere with the decision rendered by
the E.I. Court. Hence the appeal lacks merit and it is
dismissed.
M.N. KRISHNAN, JUDGE.
ul/-