CAV JUDGMENT

This miscellaneous first appeal is filed challenging the order dated 16.05.2017 passed in ESI Appl. No.2/2015 by the Employees’ State Insurance Court, Mysuru (herein after referred as ‘ESI Court’).

2. Heard the learned counsel appearing for the appellant. The respondent is served and unrepresented.

3. The factual matrix of the case of the appellant that the respondent has not paid the ESI contribution from May 2013 to August 2013 and hence, an action is invoked warranting levying the statutory damages. The delay varied from 181 days to 249 days in making the payment of monthly contribution. Hence, notice was issued with a show cause notice proposing to determine a damage amount of Rs.1,99,452/- invoking Section

85B of ESI Act read with Regulation 31-C. The said order was challenged before the ESI Court but ESI Court allowed in part reducing the same to 50% waiving remaining 50% of the damage amount. Hence, the present appeal is filed before this Court.

4. The main contention of the learned counsel for the appellant is that no dispute with regard to the non-payment of the contribution and also no dispute with regard to the delay in making the payment. The counsel would vehe