E. S. I. Corporation, Jaipur v. M/s Advance Auto Technico Ltd.
1986-09-20
GUMAN MAL LODHA
body1986
DigiLaw.ai
JUDGMENT 1. - This is an appeal under Section 82 of the Employees State Insurance Act against (he judgment of the ESI Court Jaipur, dated 7-2-1980 in ESI Case No. 35 of 1979. 2. The ESI Court in the operative part of the judgment order observed as under: Therefore the petition is partly allowed and it is held that the applicant is liable to pay contribution for the period from 26-10-1975 to 26-3-1977 at Rs. 2,969.31 and damages at Rs. 890 80 only. Besides this the Corporation is held entitled to charge interest at the prescribed rate on the amount of contribution till the demand was sent to the Collector for recovery. The amount paid by the applicant is to be adjusted from the above amount found payable by it. 3. Having heard Mr. J.P. Gupta I am of the opinion that no substantial question of law is involved, so far as the quantum of damages is concerned because it is based on consideration of peculiar facts in this case. 4. However, so far as charging of the interest is concerned Mr. Gupta is correct that it should be till the date of realisation, under Regulation 31-A. 5. Consequently the appeal is partly allowed extent that the interest would be charged at the prescribed rate till the demand is realised. 6. Since no one has appeared to oppose the appeal, the parties would bear their own costs.Appeal partly allowed. *******