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2026 LLR WEB 1002 (KARNATAKA HIGH COURT)
Liability to pay ESI contribution arises by operation of law and delay is not obliterated by subsequent reassessment; mens rea or actus reus is not essential for imposing damages under Section 85B.
LABOUR AND INDUSTRIAL LAW - Employees' State Insurance Act, 1948 - Section 85B - Power to Recover Damages - Delay in Payment of Contribution - Reassessment - Mens Rea/Actus Reus Not Essential - Section 82(2), ESI Act - The respondent-employer, covered under the ESI Act, remitted contribution belatedly, several years after it fell due. The Corporation levied damages under Section 85B for the delay - ESI Court set aside the levy on the ground that the contribution was reassessed and finally determined only at a later point of time... subscribe to read more..
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