KARLE INTERNATIONAL PVT. LTD NO. 73, NAGASANDRA VILLAGE, TUMKUR ROAD, BANGALORE 560073, SRI SUDARSHAN KARLE AND SRI MAHENDRA KARLE Vs. EMPLOYEES STATE INSURANCE CORPORATION SUB REGIONAL OFFICE, BANGALORE NORTH (PEENYA) HARINI TOWERS, 3RD CROSS,

JUDGEMENT

(1.) THE petitioners are facing prosecution for an offence punishable under Section 85(i)(b) of E.S.I. Act. I have heard Sri Muralidhar, Learned Counsel for petitioners and Sri K. Kirshnappa, Learned Counsel for respondent.

(2.) AS per the averments of complaint, the E.S.I. contribution for the month of November, 2000 to January, 2011 was paid by petitioners during June, 2011. In terms of Regulation 31, contribution shall be paid within 21 days from the last calendar date of the month.

(3.) IN terms of Regulation 31, the amount should have been paid within the time stipulated therein. If the amount is not paid within the time stipulated under Regulation 31, the subsequent payment of E.S.I. contribution with interest may exonerate petitioners of their civil liability. However, that cannot be a ground to plead for exoneration from criminal liability.