EMPLOYEES STATE INSURANCE Vs. WELFORD TRANSPORT

JUDGEMENT

(1.) THIS appeal by the Employees' State Insurance Corporation is directed against the judgment and order dated 17.2.82 passed by the Judge, Employees' Insurance Court, Gauhati.

(2.) THE respondent in this appeal who was the petitioner before the Employees' Insurance Court, hereafter referred as the 'Court' had challenged the order dated 26.6.79 passed by the Regional Director, Employees State Insurance Corporation, hereafter the 'Corporation' whereby recovery of damages for delay in payment of contribution by the employer petitioner had been ordered. The petition was opposed by the Corporation and its Regional Director. The Court had framed necessary issues and after consideration of the evidence-produced, the court held by the impugned judgment and order that the Regional Director who made the impugned order dated 26.6.79 had no power under the provisions of Section 85-B of the Employees State Insurance Act 1948, hereafter the Act to impose damages. The court also held that the insertion of Section 85-B by the amending Act of 1975 also was not available after the Repealing and Amending Act of 1978 whereby the Employees' State Insurance (Amendment) Act 1975 had been repealed. In the result, the petition was allowed and the impugned order dated 26.6.79 was set aside.

(3.) SHRI P.C. Deka, learned Counsel appearing for the respondent, on the other hand, has urged that the decision of the court below on the question of the competency of the Regional Director to impose damages, was correct.