IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Ins.APP.No. 50 of 2006() ------------------------ IC.153/2001 of EMPLOYEES INSURANCE COURT, ALAPPUZHA .................... APPELLANT/OPPOSITE PARTIES ---------------------------------------------- 1. THE REGIONAL DIRECTOR, E.S.I.CORPORATION, PANCHADEEP BHAVAN, N.S.ROUND, THRISSUR-20. 2. THE RECOVERY OFFICER, E.S.I.CORPORATION, PANCHADEEP BHAVAN, N.S.ROUND, THRISSUR. BY ADV. SRI.T.V.AJAYAKUMAR RESPONDENT(S): APPLICANT ------------------------ M/S.RAJESWARI & CO., XXX-VIII/446, T.D.ROAD, ERNAKULAM-35, REP. BY ITS MANAGING PARTNER, SMT.N.K.RADHAMONEY. ADV. SRI.A.V.XAVIER SRI.K.JOLLY JOHN THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - INS.A.No. 50 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2009 JUDGMENT Joseph, J. This appeal is filed against the judgment of the Employees Insurance Court, by which the damages by way of penalty has been found to be unsustainable. 2. Heard the learned counsel for the appellants and the respondent. 3. The court has found that there has been no deliberate or contumacious conduct on the part of the applicant and granted the relief in respect of damages. In view of the legal position as settled, we do not find any ground for interfering with that judgment in this appeal, filed under Section 82 of the E.S.I. Act, which also requires the existence of a substantial question of law. We find that no ground is made for interference. INS.A.No. 50 of 2006 2 4. The appeal is therefore dismissed. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm