REGIONAL DIRECTOR EMPLOYEES Vs. N DASARATHY

JUDGEMENT

(1.) The respondent-employer was in default of payment of contribution for the period from May 14, 1978 to November 30, 1979. The appellant-Corporation passed an order marked Ex.A-1 to pay the aforesaid contribution only on March 26, 1984 and on receipt of Ex.A-1, the respondent-employer paid the amount with interest on five dates starting from June 18, 1985 and ending with June 19, 1987. Thus the entire amount of contribution along with interest pertaining to the period from May 14, 1978 to November 30, 1979 was paid by the respondent-employer.

(2.) In spite of the payment of the contribution as aforesaid with interest, the appellant-Corporation by the impugned order dated October 17, 1988 demanded damages from the respondent-employer under Section 85-B of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act') totalling to Rs.3,868.15.

(3.) The respondent-employer repudiated his liability to pay the aforesaid amount and raised a dispute before the Employees' State Insurance Court under Section 75 of the Act, to set aside the impugned order. The Employees' State Insurance Court as per order dated April 30, 1993 allowed the petition and declared the impugned order passed by the respondent-employer as null and void.