K.Arumugasamy vs The Assistant Regional Director on 6 December, 2021
8.According to the appellant, since the factory was closed from
1/2/2002 to 3/2004, it need not pay contribution. But from 01.04.2004 the
factory has to pay contribution voluntarily and regularly. The contribution
was paid only after the accident occurred on 28.06.2004. When contribution
was made after the accident, the corporation already paid contribution can
proceed under section 68 of ESI Act and recover the benefits given to the
deceased from the employer. As per judgment of this Court made in
C.M.A(MD)No.1156 of 2016 in the case of The Deputy Director,
Employees' State Insurance Company Vs. Hotel Gowri Ganga it has been
held as follows:-