- (1.) Challenge in the present appeal is to the judgment of the learned Employees State Insurance Court, Amritsar dated 15.5.2010 whereby the petition filed by the Appellant challenging the payment of interest on account of delayed payment of ESI contribution has been dismissed. The interest was demanded from the Appellant on account of delayed contribution deposited by the Appellant on 23.7.2004 pertaining to the period from April 1983 to March 1987, April 1980 to March 1990, April 1987 to April 1990 and 1990 to 1995. The order vide which the interest was demanded was passed by the Regional Director on 10.11.2004.
(2.) Learned Counsel for the Appellant submitted that the demand of interest from the Appellant for the periods ranging from 1983 to 1995, is highly belated as in terms of Section 77 (1-A) Explanation (b) of the Employees State Insurance Act, 1948 (for short, 'the Act'), No. demand could be raised by the Employees State Insurance Corporation (for short, ',the Corporation') for any period prior to five years for which the claim relates. In the present case, the demand of interest was raised for the period ranging from 1983 to 1995, the order having been passed on 10.11.2004, it was beyond the period of five years. The demand was required to be set aside, however, the learned Court below did not appreciate the legal contention and rejected the claim.
(3.) On the other hand, learned Counsel for the Respondents submitted that Section 77 of the Act provides for limitation for initiation of proceedings in the ESI Court. Explanation (b) thereof provides the period of limitation for the Corporation for initiating action for recovering contributions (including the interest and damages) from the principal employer. This section does not talk of limitation for raising demand from an employer/establishment. The contribution for the period mentioned above having been deposited on 23.7.2004, immediately thereafter demand for interest was raised, as the interest could possibly be calculated only after the payment of the amount of contribution as provided for in Regulation 31A of the Employee's State Insurance (General) Regulations, 1950 (for short, the Regulations).;