v. Sakthi Tiles 1994 III LLJ Suppl 1197 Ker DB the damages should be deleted and when the matter was carried in a writ petition to the High Court, the order made by the E.I. Court, stood affirmed.
The damages imposed were for the period from May, 1976 to January, 1981.
The respondent took the stand that on account of financial companystraints and the fact that it had gone sick, it was number in a position to make the timely payments to the benefit of the insured persons.
The E.S.I. Court companysidered this aspect of the matter and took the view that the fact that the respondent was sick was number in dispute and the respondent was in terrible financial state for several years, and in those circumstances when there was numberdishonest or companytumacious companyduct on the part of the respondent or acted in companyscious disregard of its obligation or acted either deliberately or in defiance of law, held that following the decision of the High Court in Regional Director, E.S.I. Corporation.
v. Sakthi Tiles, supra , and thereafter, gave the relief.
