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The Bombay High Court, while deciding a question of law as to whether a Director, who is also the occupier, would be personally liable to pay the ESI Dues of the Company, has held as follows:

(a) The liability to pay ESI dues is of the company and in the event of there being an occupier who has ultimate control over the affairs of the factory, he is liable to meet the demand. However, the liability of the occupier is not personal.

(b) If the dues of ESIC are of the company the same can be recovered from the company or from the assets of the company

Copy of judgment attached.