Supreme Court · 2008 INSC 48 · Decided 11 January 2008
EMP. State Insurance Corporation v. H.M.T. LTD. and ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 48 · [2008] 1 S.C.R. 646
- Case number
- CIVIL APPEAL No. 340/2008
- Decided
- 11 January 2008
- Bench
- S.B. SINHA, J.M. PANCHAL (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
Headnote
Employees State Insurance Act, 1948- ss. 858 and 2(17) "-' - D~posit of contribution payable under the Act - Delay in c deposit by employer - Levy of damages - Held: Is not imperative in all cases - s. 858 provides for an enabling provision - It does not envisage mandatory levy of damages - on a statutory authority.to levy penal damages by reason of an enabling D provision, the .same cannot be construed as imperative - Regn. 31 C to be construed keeping in view language used in Legislative Act and not de hors the same - Employees State • Insurance (General) Regulations,
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