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IN THE HIGH COURT OF ORISSA, CUTTACK
SANJAY KUMAR MISHRA
Ajay Kumar Bhramar Bar Ray – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background regarding esi contributions (Para 2) |
| 2. legal issues on damages under esi act (Para 3) |
| 3. jurisdiction of employees’ insurance court (Para 4) |
| 4. arguments on discretionary powers and applicability of penalties (Para 5 , 6) |
| 5. court's remarks on damage imposition by esic (Para 14 , 15) |
| 6. application of prior supreme court judgments (Para 22 , 23) |
| 7. court's final order and directions regarding esi facilities (Para 25 , 26) |
JUDGMENT :
This Writ Petition has been preferred by the Petitioner to quash order dated 20.12.2021 (Annexure 12) vide which the Deputy Director, E.S.I. Corporation, Bhubaneswar (Opposite Party No.4) rejected the prayer of the Petitioner to waive the damages imposed on it for delayed payment of E.S.I. Contribution. Also a prayer has been made to direct the Opposite Parties to provide effective medical facilities to the employees of the Petitioner’s Establishment in nearby areas of Gumadera, for which they are contributing under the Employees’ State Insurance Act 1948, shortly, “the E.S.I Act”.
2.1. In response to such communication, the Opposite Party No.2 issued a letter on 30.11.2018, stating therein that the E.S.I Act had come into
Damages under the E.S.I. Act are discretionary, not mandatory, and must consider genuine hardships, reaffirming that penalties should not automatically apply.
The main legal point established in the judgment is that a subsequent transferee may not be liable for belated payment of contribution under the ESI Act if there is no mens rea on their part, and the....
Belated payment of contribution - Payment of contribution under the ESI Act is a statutory liability and the ESI Corporation has no power to grant waiver
The court ruled that damages for delayed ESI contributions must be calculated from the correct demand date, emphasizing the need for authorities to consider mitigating circumstances in penalty assess....
Mens rea is not required for imposing penalties under the Employees State Insurance Act for breach of civil obligations.
The main legal point established in the judgment is the joint and several liability of the transferee and the transferrer under Section 93A of the Employees State Insurance Act.
(1) ESI Act should be given liberal interpretation and should be interpreted in such a manner so that social security can be given to employees.(2) ESI contributions – For demand notices for period a....
An appeal against recovery proceedings under the E.S.I. Act is not maintainable without first challenging the correctness of the preceding order under Section 45-A.
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