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2021 Supreme(SC) 657

AJAY RASTOGI, ABHAY S.OKA
Transport Corporation of India Ltd. – Appellant
Versus
Employees State Insurance Corporation – Respondent


Advocates Appeared:
For the Appellant(s) :Shally Bhasin, Rishi Maheshwari, Anne Mathew, Advocates
For the Respondent(s):Praveena Gautam, Atul Batra, Pawan Shukla, Raja Ram, Pranav Monga, Aman S. Sharma, Advocates

JUDGMENT :

ABHAY S. OKA, J.

1. The appellant has taken an exception to the Judgment and Order dated 29th March 2010 passed by a Division Bench of Gujarat High Court in a Letters Patent Appeal. The first respondent is the Employees' State Insurance Corporation (for short “the Insurance Corporation”) established under the Employees' State Insurance Act, 1948 (for short “the said Act of 1948”).

2. By a notice dated 6th April 1990, a demand was made by the Insurance Corporation in the sum of Rs. 8,01,510/- by way of contribution payable by the appellant for the period from 30th July 1975 to 31st March 1988. The contribution was demanded as per the provisions of Regulations 29, 31 and 33 of the Employees' State Insurance (General) Regulations, 1950 (for short ‘the said Regulations’). The notice referred to un-amended Regulation 31-A of the said Regulations under which interest at the rate of 6% per annum was payable on the overdue amount. Another notice dated 16th July 1990 was issued by the Insurance Corporation by invoking Section 45-A of the said Act of 1948 demanding interest at the rate of 6% per annum on the sum of Rs. 7,79,491/- up to 19th of October 1989 and interest at the rate of

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