- (1.) S. U. Khan, J. At the time of hearing, no one appeared on behalf of the respondents, hence only the arguments of learned counsel for the appellant a were heard.
(2.) JOINT Regional Director, E. S. I. , Kanpur passed two orders against respon dents. One order was passed on 15. 9. 1982, which was slightly modified on 7. 1. 1983. The other order was passed on 21. 4. 1983. Against both the orders, respondents filed appeals before Employees Insurance Court, Saharanpur under Section 75 of Employees State Insurance Act (hereinafter referred to as 'e. S. I. Act1 ). The appeals were registered as Appeal No. 22 of 1983 and Appeal No. 95 of 1983 and were disposed of by common judgment dated 6. 1, 1986 by State Em ployees' Insurance Court/s. D. M. , Nakur, District Saharanpur. The said judgments have been challenged through these appeals. The Joint Regional Director had imposed penalty under Section 85-B, E. S. I. C Act as well as directed payment of interest under Regulation 31 -A of the Regula tions 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.
(3.) LEARNED counsel for the appellant has cited the following authorities: (1) 2004 (4) AWC 3106, Swastik Pharmaceuticals Varanasi v. J. R. D. , U. P. holding that both damages and interest may be imposed and charged. (2) 1994 (69) FIR 842 (Bom), Joint Regional Director, Employers'state Insurance Corporation v. Ganesh Foundry Pvt. Ltd. holding that damages are penal in nature. The view taken by the Court below is not legally sustainable. Delayed payment is also failure to pay within time vide AIR 1994 SC 521, Prestotite of Indialtd. , M/s. v. Regional Director and AIR 1997 SC 1771, Sovrin Knit Works v. Employees' State Insurance Corpn. In view of these authorities damages may be imposed under Section 85-B and interest may also be directed to be paid under Regulation 31-A, simultaneously.;