Nainar Sundaram, J.

By the order of the respondent, impugned in this writ petition, there has been a levy of damages against the petitioner under Section85-B of the Employees State Insurance Act, 1948, hereinafter referred to as the Act. The petitioner seems to have received the show cause, but according to the petitioner, it could not reply to the show clause on account of the fact that it came to know about it only on investigating into the matter, after the impugned order. The respondent has made an ex parte summary imposition of the damages, as proposed in the show cause.

2. Mr. G. Narayanan, learned Counsel for the petitioner, would submit that the petitioner has valid explanation for the delay, for which alone damages have been levied. Learned Counsel for the petition pleads that since the determination of damages under Section85-B of the Act is a quasi-judicial process, that has got to be done in a judicious manner, after hearing the party, who would be affected by the ultimate decision and ends of justice require that the present matter should be re-heard by the respondent, after affording an opportunity to the petitioner to make its say in the matter and substant