DEPUTY DIRECTOR Vs. KIOCL LTD

JUDGEMENT

(1.) This appeal is filed by the Employees State Insurance Corporation (hereinafter referred to as 'the ESI Corporation') under Sec. 82(2) of the Employees State Insurance Act, 1948 (hereinafter referred to as 'the ESI Act') challenging the order dtd. 23/1/2016 passed by the Employees State Insurance Court at Bangalore (hereinafter referred to as 'the ESI Court') in E.S.I. Application No.33/2010, whereby the application filed by the applicant has been allowed in part.

(2.) For the sake of convenience, the parties are referred to as per their rankings before the E.S.I. Court.

(3.) The brief facts of the case are that M/s.Kudremuch Iron Ore Company Ltd., was functioning at Mangalore. This Company was referred to BIFR and it has been merged with the applicant's Company with effect from 1/4/2007. The further case of the applicant is that they are making efforts to obtain exemption from the respondent - ESI Corporation which had provided benefits to its employees similar to that of ESI Corporation, i.e., free medical facilities, maternity benefits, sick leave compensation and workmen compensation, etc. It is the further case of the applicant that they are providing medical facilities to their employees in a private hospital, they are also collecting the contribution from the employees to pay the contribution to the ESI Corporation under Ss. 44 and 45 of the ESI Act. To pay the contribution to the ESI Corporation, the earlier facility provided to the employees has been withdrawn by issuing a Circular dtd. 19/9/2007. That circular has been challenged by the Employees Association before this Court in W.P.No. 15180/2007 and they have obtained an interim order and this Court, by order dtd. 25/9/2008 has partly allowed the writ petition, the medical facilities provided to the employees has been directed to continue. Therefore, the further case of the applicant is that in view of that they are providing medical facilities to the employees, they have not paid contribution to the ESI Corporation in time. Therefore, they are not entitled to pay any interest for the delayed payment.