LAWS(MAD)-2005-4-244

EMPLOYEES STATE INSURANCE CORPORATION REP BY ITS REGIONAL DIRECTOR Vs. R S PATHY AND CO, REP BY ITS PARTNER R S SANTHANA KRISHNAN AND SPECIAL TAHSILDAR, EMPLOYEES STATE INSURANCE CORPORATION RECOVERIES

Decided On April 29, 2005
Employees State Insurance Corporation Rep By Its Regional Director Appellant
V/S
R S Pathy And Co, Rep By Its Partner R S Santhana Krishnan And Special Tahsildar, Employees State Insurance Corporation Recoveries Respondents

JUDGEMENT

(1.) The Employees State Insurance Corporation, hereinafter referred to as the Corporation', has filed this appeal against the order of the Employees State Insurance Court holding that the Corporation is not entitled to claim interest from the present Respondent No. 1.

(2.) The facts giving rise to the present appeal are as follows :-

(3.) The employer mainly raised two contentions, first one relating to limitation and the second one on the basis that since the Corporation itself had passed an order stating that the employer was covered with effect from 16.11.1978, it cannot be said that any "default" had been made by the employer, and therefore, there was no liability to pay interest.