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THE REGIONAL DIRECTOR v. M/S.NAVARANG TOURIST HOTEL - MFA No. 21 of 2001  RD-KL 2042 (25 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMMFA No. 21 of 2001()
1. THE REGIONAL DIRECTOR
1. M/S.NAVARANG TOURIST HOTEL
For Petitioner :SMT.T.D.RAJALAKSHMI
For Respondent :SRI.P.M.PAREETH
The Hon'ble MR. Justice M.RAMACHANDRAN The Hon'ble MR. Justice S.SIRI JAGAN
O R D E R
(M.RAMACHANDRAN & S.SIRI JAGAN, JJ)M.F.A.No. 21 of 2001-A
Dated this the 25th day of January, 2007
Siri Jagan, J:The Employees State Insurance Corporation has come up in appeal against the order of the Employees' Insurance Court, Kozhikode in E.I.C.No.19 of 1997, whereby the Insurance Court disposed of the case on the following terms:
"(1) It is declared that for the period from 2.7.90 to 30.6.92, the actual E.S.I dues are Rs.31,091/- as contribution with interest for the period from 21.6.95 to 6.2.96 at the admissible rates and damages of Rs.4000/-. (2) Above amount shall be deducted from Rs.64,284/- collected by the respondent from the applicant as on 18.3.96 and the balance amount with interest at the same rate as the respondent charges interest from employers from 18.3.96 onwards shall be refunded or adjusted against future claims against the applicant. (3) In view of the facts and circumstances of the case, there will be no order as to costs. Ordered accordingly". [MFA No.21 of 2001] -2-
2. The Corporation has filed this appeal framing the
following questions of law:
"(a) Whether from the facts and circumstances
of the case the E.I.Court was right in holding the actual E.S.I dues are only Rs.31091/- as contribution with interest for the period from 21-06-1995 to 06-02-1996?
(b) Whether the E.I Court was just and proper to restrict interest and damages and direct to refund/adjust the balance?"
3. A mere reading of the questions as framed above would make it abundantly clear that those are purely questions of facts, and since only on a substantial question of law an appeal would lie against the order of the Employees Insurance Court, we do not find any merit in the appeal and accordingly the same is dismissed. M.RAMACHANDRAN
(JUDGE)S.SIRI JAGAN mks/ (J UDGE) [MFA No.21 of 2001] -3- M.RAMACHANDRAN, &
S.SIRI JAGAN, JJM.F.A.No.21 of 2001
25th day of January, 2007
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