IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Ins.APP.No. 32 of 2003() ------------------------ IC.2/1999 of E.I.COURT, KOLLAM .................... APPELLANT: OPPOSITE PARTY. ------------- THE REGIONAL DIRECTOR, K.S.I. CORPORATION, THRISSUR. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENTS: APPLICANT. ------------------ M/S.TRIVANDRUM ELECTRONICS INDUSTRIA CO-OPERATIVE SOCIETY LTD., VAZHUTHACAUD, THIRUVANANTHAPURAM. BY THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 20/02/2008, ALONG WITH INAP. No.48/2003, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- Insurance Appeal Nos.32 & 48 of 2003 ------------------------------- Dated this the 20th February, 2008. J U D G M E N T Notice issued to the sole respondent in these appeals returned with an endorsement that the building in which the respondent was doing business has been demolished. These appeals arise from a common judgment passed by the Employees' Insurance Court, Kollam, by which it was held that the respondent was not liable to be pay damages. In view of the principles laid down in E.S.I. Corporation v. Premanandan (2007 (2) KLT 666), the Employees Insurance Court has a discretion to interfere with an order passed by the E.S.I. Corporation demanding damages. In this case, the Insurance Court, after proper appreciation, found that there was no contentious conduct on the part of the respondent. Even if notice is published, and appeals are heard, there is no scope for interference. In spite of the further prayer of the counsel for further time to publish the notice, the appeals are only to be dismissed. In the result, the appeals are dismissed. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- Insurance Appeal Nos.32 & 48 of 2003 J U D G M E N T Dated: 20th February, 2008. -------------------------------