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Madras High CourtCMA/1519/2014disposed of

The Management Of Kali v. The Presiding Officer

2018-03-27Honourable Mr Justice M. Govindaraj5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.M.A.No.1519 of 2014 and M.P.No.1 of 2015 The Management of Kali Material Handling Systems, 42/6B, Madras Road, Melakaveri, Kumbakonam - 612 002.

Rep. by Managing Partner, Sri K.R.Giridharan.

... Appellant/Petitioner Vs.

The Regional Director, Employees' State Insurance Corporation, 143, Sterling Road, Chennai - 600 034.

... Respondent/Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 82 of the Employees' State Insurance Act, 1948, against the order dated 29.10.2011 in E.S.I.O.P.No.2 of 2007 on the file of the Principal Judge, Labour Court (Employees' Insurance Court), Cuddalore.

For Appellant : Ms.D.Veda For Respondent : Mr.G.Bharadwaj

J U D G M E N T

This Civil Miscellaneous Appeal has been preferred against the order passed by the Principal Judge, Labour Court (Employees' Insurance Court), Cuddalore, in E.S.I.O.P.No.2 of 2007 dated 29.10.2011.

2. After making some arguments, the learned counsel appearing for the appellant would submit that they have already deposited 50% of the amount demanded by the Employees' State Insurance Corporation before the Employees' Insurance Court, and they are willing to remit the balance amount to the Employees'

State Insurance Corporation.

3. But, the learned counsel appearing for the respondent/ Employees' State Insurance Corporation submitted that as per the memo of calculation, the appellant is due of a sum of Rs.6,64,484/- and further interest with effect from 15.03.2018 at the rate of Rs.75/- per day. The memo of calculation is extracted hereunder:- M/s. Kali MHS ESI CODE : 4488 1.

C-19 dt.:29.10.04 (84-85 to 90-91) Rs.57,024/- 20141 36883 57224 334 x 8.27 @15% 4330 x 6.7 @12% 29011 29011 20144 36883 31774 88998 2.

C-19 dt.:29.10.04 (01/91 to 03/2000) 35746 40268 334 x 14.69 @ 15% 4330 x 11.75@ 12% 50878 50878 35746 55785 96053 3.

C-19 dt.:29.10.04 (04/91 to 09/2000) Rs.20514/- 16059 20614

334 x 6.59@ 15% 4330 x 5.27 @ 12% 22820 22820 16059 25022 45636 4.

C-19 dt.:29.10.04 () Rs.16349/- 12325 16449 334 x 5.14 @ 15% 334 x 5.14 @ 15% 17537 17537 12325 19254 35703 5.

C-19 dt.:29.10.04 (04/95 to 12/96 & 01/97 to 03/98) Rs.32319/- 28772 32419 334 x 11.82 @ 15% 4330 x 9.46 @ 12% 40962 40962 28772 44910 77329

M/s. Kali MHS ESI CODE : 11582 1.

C-19 dt.:28.09.04 (04/94 TO 03/2000) Rs.106792/- 96269 10523 106992 395 x 39.56 @15% 15627 15627 4330 x 31.65 @ 12% 13704 137045 96269 10523 15267 259664 2.

C-19 dt.:28.09.04 (04/95 TO 03/2000) Rs.17393/- 17206 17493 395 x 7.07 @15% 4330 x 5.65 @ 12% 24465 24465 17206 27258 44751 TOTAL DUES A. ESI Code No. 4488 - Rs.3,43,719/- B. ESI Code No.11582 - Rs.3,04,415/- C. Further Interest upto 14.03.2018 (Rs.75 x 218 days) = Rs.16,350/- A + B + C = Rs.6,64,484/- Total Int. w.e.f. 15.03.2018 for all the 7 claims is Rs.75/- per day.

4. Considering the submissions made, a direction is issued to the appellant to deposit the entire demand made by the Employees' State Insurance Corporation to the tune of Rs.6,64,484/- (Rupees Six lakh sixty four thousand four hundred and eighty four only) and further interest with effect from 15.03.2018 with regard to seven claims at the rate of Rs.75/- per day, within a period of four (4) months from the date of receipt of a copy of this order. On such deposit, claim for damages is waived.

5. It is submitted by the learned counsel appearing for the appellant that the appeals filed against the connected E.S.I.O.P.Nos.4, 5, 6, 7, 8 of 2004 and 3 of 2007 are going to be withdrawn. The said submission of the learned counsel for the appellant is recorded.

6. The appellant is entitled to withdraw whatever amount deposited before the Employees' Insurance Court along with accrued interest.

7. In the event of failure to remit the demand as indicated above within a period of four (4) months from the date of receipt of a copy of this order, the respondent is entitled to claim damages.

8. In the result, this Civil Miscellaneous Appeal is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar asi To 1.The Principal Judge, Labour Court (Employees' Insurance Court), Cuddalore.

2.The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.Meenakshi sundaram, Advocate SR.No.23583 +1cc to Mr.G.Bharadwaj, Advocate SR.No.23326 C.M.A.No.1519 of 2014 and M.P.No.1 of 2015 CNR(CO) GN(17/04/2018)