EMPLOYEES STATE INSURANCE CORPORATION versus A. K. ABDUL SAMAD & ANR.

EMPLOYEES STATE INSURANCE CORPORATION versus A. K. ABDUL SAMAD & ANR.

Under Section 85(a)(i)(b) of the Employees' State Insurance Act, 1948, courts have no discretion to reduce fine below Rs. 5000 once the offence is established. The proviso only allows reduction in imprisonment term for adequate and special reasons recorded in the judgment, not reduction of fine.

Source-derived case information.

Parties
Appellant: Employees' State Insurance Corporation; Respondent: A. K. Abdul Samad; Respondent: A. K. Abdul Samad & Anr.
Jurisdiction
India
Judgment Date
10 March 2016
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
appeals allowed
Legal Topics
Statutory Interpretation, Economic Offences, Penalty Under Employees' State Insurance Act
Labour Law Criminal Law Statutory Interpretation Economic Offences Penalty Under Employees' State Insurance Act

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Parties

Employees' State Insurance Corporation

Appellant

A. K. Abdul Samad

Respondent

A. K. Abdul Samad & Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether courts have discretion under Section 85(a)(i)(b) of Employees' State Insurance Act, 1948 to reduce fine below Rs. 5000 once offence is established.
  2. 2 Whether the discretion given by proviso to Section 85(a)(i)(b) extends to reducing fine or is limited to imprisonment term.

Ratio Decidendi

Under Section 85(a)(i)(b) of the Employees' State Insurance Act, 1948, courts have no discretion to reduce fine below Rs. 5000 once the offence is established. The proviso only allows reduction in imprisonment term for adequate and special reasons recorded in the judgment, not reduction of fine.

Court Disposition

appeals allowed

Orders

  • Respondents required to pay a fine of Rs. 5000. If Rs. 1000 already paid, pay balance; otherwise pay full amount within six weeks. In default, fine to be realised expeditiously in accordance with law.