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january 2008

Supreme Court of India · 2008-01-11

EMP. STATE INSURANCE CORPORATION vs H.M.T. LTD.

Citation / case number
SC 2006/1335
Court
Supreme Court of India
Petitioner
EMP. STATE INSURANCE CORPORATION
Respondent
H.M.T. LTD.
Author
M. PANCHAL S.B. SINHA
Bench
J.M. PANCHAL S.B. SINHA

Judgment text excerpt

The Supreme Court interpreted Section 85-B of the Employees State Insurance Act and Regulation 31C of the Employees State Insurance (General) Regulations, 1950, in the context of delayed payment of contributions by an employer. The Court held that while the High Court's restriction of interest payment to two years was reasonable, it erred in not mandating damages under Section 85B, which allows for recovery of damages in cases of delayed contributions. The appeal was allowed in part, affirming the need for damages in appropriate cases.

EMP. STATE INSURANCE CORPORATION vs H.M.T. LTD. · Niyam