EMPLOYEES STATE INSURANCE CORPORATION, GAUHATI, ASSAM AND ORS. Vs. M/S. TRIBUNE PRESS, CHANDMARI GAUHATI AND ORS.

JUDGEMENT

(1.) (Oral) - This appeal has been filed by the Employees' State Insurance Corporation; Gauhati and its Regional Director against the order of the learned Employees' Insurance Court, Gauhati dated 5.1.83 in Case No. ESI No. 3 of 1980.

(2.) Briefly stated, there were delays ranging from 5 to 10 days in making payments of contributions by the respondents under Sections 39 and 40 of the Employees' State Insurance Act, 1948, for short 'the Act'. By the order dated 2.11.78 the Regional Director asked the respondents to pay damages of Rs. 43,000.00and odd and the said order has been marked as exhibit-1. Against the said order the respondents herein approached the learned Judge of the Employees' Insurance Court and by the impugned judgment, the order of the Regional Director dated 2.11.78 was set aside. Hence, this appeal.

(3.) Sec. 82 of the Act contains the provisions for an appeal before this Court and sub-section (2) of the said Section, inter alia, provides that an appeal shall lie to this Court if it involves a substantial question of law. Mr. Goswami has drawn my attention to the impugned judgment and has urged that the Substantial question of law is whether under the provisions of the Act more particularly Sec. 85-B, the Regional Director of the Employees' State Insurance Corporation is liable to hear the employer even after the order was passed, after giving opportunity to the employer. I quote below the said Sec. 85.