P RAMAKRISHNAN MANAGING DIRECTOR HOTEL SWAGATH Vs. ASSISTANT DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) Heard Mr.D.Rajagopal, learned counsel for the petitioner and Mrs.Jayakumari, who has taken notice for the respondent ESI Corporation

(2.) The petitioner has come forward to challenge the notices dated 11.11.2009 issued by the respondent Corporation. The said Notices have been issued under section 39 (5) of the ESI Act, 1948 asking for payment of interest on the delayed payment.

(3.) It is fairly submitted by Mr.D.Rajagopal, learned counsel for the petitioner that the petitioner hotel was issued earlier a notice under section 45A of the ESI Act. They have already paid the contribution and there is no dues of any subscription. With reference to demand of interest payment, the learned counsel placed reliance upon the Section 77 (1A)(b) of the Act and wanted to contend that a proviso to the said Section provides for a limitation. Therefore, the petitioner is not bound to pay interest. Subsequently, he submits that the actual interest amount has not been calculated.