- (1.) PER At the time of hearing, no one appeared on behalf of the respondents, hence only the arguments of learned counsel for the appellant were heard.
(2.) JOINT Regional Director, E. S. I. , Kanpur passed two orders against respondents. One order was passed on September 15, 1982, which was slightly modified on January 7, 1983. The other order was passed on April 21, 1983. Against both the orders, respondents filed appeals before Employees Insurance Court, sanaranpur under Section 75 of Employees state Insurance Act (hereinafter referred to as 'e. S. I. Act' ). The appeals were registered as appeal No. 22/1983 and Appeal No. 95/1983 and were disposed of by common judgment dated January 6, 1986 by State Employees' insurance Court S. D. M. , Nakur, District saharanpur. The said judgments have been challenged through these appeals.
(3.) THE Joint Regional Director had imposed penalty under Section 85-B, E. S. I. Act as well as directed payment of interest under regulation 31-A of the Regulations framed under the Act. In the opinion of the Court below, penalty could not be imposed along with direction for payment of interest as it would amount to double jeopardy. Court below has further held that penalty could be imposed only if the employer had failed to pay the amount due, however, in the instant case before any proceedings could be initiated, the amount had been paid by the employer even though the payment was late, hence penalty was not warranted.;