Kerala High Court
M/S.Quilon Co-Operative Spinning ... vs The Joint Director on 15 February, 2016
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 7TH DAY OF APRIL 2016/18TH CHAITHRA, 1938
WP(C).No. 13981 of 2016 (W)
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PETITIONER(S):
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M/S.QUILON CO-OPERATIVE SPINNING MILLS LTD (ST) 6
KARAMCODE, KOLLAM
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS. SMT.LATHA ANAND
SRI.M.N.RADHAKRISHNA MENON
SRI.JOSEPH SEBASTIAN (PARACKAL)
RESPONDENT(S):
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1. THE JOINT DIRECTOR,
EMPLOYEES STATE INSURANCE CORPORATION.
PANCHA DEEP BHAVAN
ASRAMAM KOLLAM - 691 002.
2. THE EMPLOYEES INSURANCE COURT,
KOLLAM - 691 002.
R BY SRI.P.SANKARANKUTTY NAIR, SC, ESI CORPN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) No.13981 OF 2016
PETITIONER(S) EXHIBITS
EXHIBIT P1 : TRUE COPY OF SECTION 85B ORDER UNDER ESI ACT IMPOSING
RS.1,44,212/- AS DAMAGES DATED 15.2.2016.
EXHIBIT P2 : TRUE COPY OF ORDER DATED 4.2.2016 LEVYING RS.1,43,646/-
AS INTEREST.
EXHIBIT P3 : TRUE COPY OF APPLICATION FILED UNDER SECTION 75 READ
WITH SECTIONS 75 AND 76 OF ESI ACT SUVBMITTED BEFORE
THE SECOND RESPONDENT.
EXHIBIT P4 : TRUE COPY OF AFFIDAVIT SUBMITTED IN SUPPORT OF STAY
PETITION AND PETITION FOR DISPENSATION OF DEPOSIT.
EXHIBIT P5 : TRUE COPY OF PETITION FILED UNDER SUB SECTION 2B OF
SECTION 75 OF ESI ACT BEFORE THE SECOND RESPONDENT.
EXHIBIT P6 : PETITION FOR INTERIM STAY UNDER SECTION 75 OF THE ESI
ACT SUBMITTED BEFORE THE SECOND RESPONDENT.
EXHIBIT P7 : TRUE COPY OF REQUISITION DATED 29.3.2016 MADE BY THE
FIRST RESPONDENT TO THE RECOVERY OFFICER TO RECOVER
RS.1,44,212/- BY WAY OF DAMAGES.
EXHIBIT P8 : TRUE COPY OF REQUISITION DATED 29.3.2016 MADE BY THE
FIRST RESPONDENT TO THE RECOVERY OFFICER TO RECOVER
RS.1,43,646/- BY WAY OF INTEREST.
RESPONDENT(S) EXHIBITS
NIL.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
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W.P (C) No.13981 of 2016
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Dated this the 7th day of April, 2016
J U D G M E N T
Ext.P1 order imposing damages and Ext.P2 order levying interest are the subject matter in this writ petition. The petitioner has raised a dispute as regards the damages evidenced by Ext.P3 application. The same is supported by Ext.P4 affidavit and Exts.P5 and P6 petitions for stay of coercive steps.
2. I direct the second respondent Insurance Court to dispose of Exts.P5 and P6 petitions with notice to the petitioner within two months. The coercive steps in relation to Ext.P1 order shall be put on hold till orders passed on Exts.P5 and P6 petitions. The petitioner is however liable to pay the amount levied as interest by Ext.P2 order. The amount due under Ext.P2 order shall be paid in 10 equal monthly instalments. The instalments shall start from 30.4.2015 in the circumstances.
3. The coercive steps pursuant to Ext.P2 order shall be put on hold if the petitioner complies with the conditions in time. The coercive steps shall surge ahead if the petitioner commits default in the payment W.P(C) No.13981 of 2016 2 of any one of the instalments.
The Writ Petition is disposed of.
Sd/-
V.CHITAMBARESH, Judge.
nj/07.04.2016