REGIONAL DIRECTOR, E.S.I. CORPORATION, THRISSUR AND ANOTHER Vs. ARJUNA NATURAL EXTRACTS (P) LTD. REP. BY ITS MG. DIRECTOR

JUDGEMENT

(1.) Aggrieved by order dated 16.08.2013 passed by the Employees' Insurance Court, Alappuzha in I.C. No.13/2013, the Employees' State Insurance Corporation ('ESI Corporation', for short) has come up in appeal.

(2.) On inspections conducted on 15.01.2006 and 02.02.2006 at the premises of the respondent establishment, the officials of the ESI Corporation could trace out a short fall of payment in contribution to the tune of Rs. 1,99,973.00 by the respondent. Even though the observation slip was issued, the respondent had not cared to pay the contribution and, therefore, the ESI Corporation was compelled to pass an order under Sec. 45A of the Employees' State Insurance Act ('ESI Act', for short) Thereafter, the amount of Rs. 1,99,973.00 was paid by the respondent towards the short fall of contribution, which was fixed as per the order under Sec. 45A.

(3.) Thereafter, the ESI Corporation had proceeded for imposing damages under Sec. 85B of the ESI Act. For computing the period for the default in payment of contribution, the ESI Corporation has taken the period from 02.02.2006 only and not the due date of payment of contribution. The matter was taken up before the court below by the respondent through I.C. No.48/2008. The said I.C. No.48/2008 was allowed by the court below on the ground that there was no default as the payment was made immediately after the passing of the order under Sec. 45A of the ESI Act. Aggrieved by the said judgment, the ESI Corporation preferred appeal as Insurance Appeal No.64/2010 before this Court.