REGIONAL DIRECTOR Vs. METHODS AUTOMOTIVE

JUDGEMENT

(1.) Heard the learned counsel for appellants and also learned counsel appearing for the respondent.

(2.) The appellants have challenged the order passed by the employees' Court Insurance Court at Bengaluru in ESI application No.28/2012 wherein the application was allowed in part filed by the respondent herein and directed that applicant is liable to pay the contribution of fixing charges of Rs.75,000.00 and pay contribution amount into Rs.19,520.00 towards incentive charges and order passed under Sec. 45-A of Employees' Insurance Act dtd. 23/5/2011 is modified, wherein a direction was given to pay the amount of Rs.2,03,886.00. Being aggrieved by the order of the ESI Court at Bengaluru, the present appeal is filed.

(3.) The main contention of appellants herein that the Trial Court committed an error in modifying the order since the components of claim is in respect of fixing charges, commission, incentives, as well as security charges amount paid to M/s.Method Automative Pvt. Ltd. The main contention in this appeal is that orders of the ESI Court restricting the contribution amount of Rs.19,520.00 only, an amount of Rs.75,000.00 of fixing charges is only arbitrary, whimsical and without any material to support the said restriction.