IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Ins.APP.No. 95 of 2007(F) ---------------------------- (AGAINST THE JUDGMENT IN I.C.5/04 OF E.I. COURT, KOLLAM.) APPELLANTS/RESPONDENTS ------------------------------------------ 1. THE REGIONAL DIRECTOR, E.S.I. CORPORATION, THRISSUR. 2. THE RECOVERY OFFICER, E.S.I. CORPORATION, LOCAL OFFICE, KOLLAM. BY ADV. SRI.T.V.AJAYAKUMAR, SC, ESI CORPN. RESPONDENT(S): APPLICANT ------------------------------------ SRI.R.SYAMNATH, MANAGING DIRECTOR, M/S.QETCOS LTD., UMAYANALLOOR P.O., KOLLAM. THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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/-