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RAJESH BINDAL
ESSMA Woollen Mills Pvt. Ltd. – Appellant
Versus
Employees' State Insurance Corporation – Respondent


JUDGMENT :

RAJESH BINDAL, J.

1. Challenge in the present appeal is to the judgment of the learned Employees State Insurance Court, Amritsar dated 15.5.2010 whereby the petition filed by the Appellant challenging the payment of interest on account of delayed payment of ESI contribution has been dismissed.

The interest was demanded from the Appellant on account of delayed contribution deposited by the Appellant on 23.7.2004 pertaining to the period from April 1983 to March 1987, April 1980 to March 1990, April 1987 to April 1990 and 1990 to 1995. The order vide which the interest was demanded was passed by the Regional Director on 10.11.2004.

2. Learned Counsel for the Appellant submitted that the demand of interest from the Appellant for the periods ranging from 1983 to 1995, is highly belated as in terms of Section 77 (1-A) Explanation (b) of the Employees State Insurance Act, 1948 (for short, the Act), No. demand could be raised by the Employees State Insurance Corporation (for short, the Corporation) for any period prior to five years for which the claim relates. In the present case, the demand of interest was raised for the period ranging from 1983 to 1995, the order having been pas














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