An order was passed under Section 85-B of the ESI Act levying damages on the respondent establishment. The respondent filed ESIP No.5 of 2015 questioning the same. The Labour Court rightly noted that mens rea for violation of statutory provision has not been made out in this case and following the decision of the Hon'ble Supreme Court reported in 2008(1) LLN 491 ? ESI Corporation Vs, HMT Limited allowed the said petition. However, a sum of Rs.1,25,588/- was quantified as damages by the Labour Court. The respondent establishment has not chosen to question the same.
2.Be that as it may, no substantial question of law arises for determination in this appeal. This appeal stands dismissed. No costs.
To
1. ESI Court (Labour Court), Tirunelveli
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai. .