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HIGH COURT OF KERALA
SYAM KUMAR V.M., J
THE DY. DIRECTOR, SUB REGIONAL OFFICE, ESI CORPORATION, MALUS COMPLEX, ST.FRANCIS CHURCH ROAD, KALOOR, KOCHI 17. – Appellant
Versus
P.D.VIJAYAKUMAR INDIRA MOTORS, NAGAMPADAM, KOTTAYAM. – Respondent
| Table of Content |
|---|
| 1. the case involves the interpretation of penalty under the esi act. (Para 1 , 2 , 3) |
| 2. court's analysis on mens rea and breach of civil obligations. (Para 4 , 5 , 8 , 9 , 11) |
| 3. arguments presented by both parties regarding the imposition of penalties. (Para 6 , 7) |
| 4. mens rea is not required for imposing damages under the esi act. (Para 10 , 12 , 13) |
| 5. the appeal is allowed; previous judgment set aside. (Para 14) |
JUDGMENT
Dated this the 03rd day of December, 2024
The prime question that comes up for consideration in this appeal is whether the breach of civil obligations or liabilities by the employer is the sine qua non for imposition of penalty/damages under a welfare statute or whether the presence of mens rea or actus reus is an essential element in the said respect.
2. This appeal is filed challenging the judgment dated 14.02.2013 of the Employees Insurance Court, Alappuzha, in I.C.No.76 of 2012. The appellant herein was the respondent (hereinafter referred to as “the Corporation”) and the respondent herein was the applicant (hereinafter referred to as “the applicant”) in the said case.
Brief Facts:
3. Applicant’s establishment, Indira Motors is situated at Nagampada
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