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2011 (1) TMI 1221 - HIGH COURT OF MADRASOrder dated December 6, 2004, passed under section 45A of the Employees’ State Insurance Act, 1948 by the respondent ESI Corporation directing petitioner to make a contribution of ₹ 4,39,028 in respect of the period 1997-98 and 1998-99 challenged Held that:- In so far as the ESI Act is concerned, payment of interest is a must on delayed payment whereas levy of damages is in the nature of penalty. Therefore, any waiver or modification of damages under section 85B may be possible but not for interest levied in terms of section 39(5) of the ESI Act. The writ petition is thoroughly misconceived. Accordingly, the writ petition will stand dismissed
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