Section 85 Employees' State Insurance Act, 1948

 

Section 85 Employees' State Insurance Act, 1948: 

Punishment for failure to pay contributions, etc.—If any person—

(a) fails to pay any contribution which under this Act he is liable to pay, or

(b) deducts or attempts to deduct from the wages of an employee the whole or any part of the employer’s contribution, or

(c) in contravention of section 72 reduces the wages or any privileges or benefits admissible to an employee, or

(d) in contravention of section 73 or any regulation dismisses, discharges, reduces or otherwise punishes an employee, or

(e) fails or refuses to submit any return required by the regula­tions, or makes a false return, or

(f) obstructs any Inspector or other official of the Corporation in the discharge of his duties, or

(g) is guilty of any contravention of or non-compliance with any of the requirements of this Act or the rules or the regulations in respect of which no special penalty is provided, 1[he shall be punishable— 2[(i) where he commits an offence under clause (a), with impris­onment for a term which may extend to three years but—

(a) which shall not be less than one year, in case of failure to pay the employee’s contribution which has been deducted by him from the employee’s wages and shall also be liable to fine of ten thousand rupees;

(b) which shall not be less than six months, in any other case and shall also be liable to fine of five thousand rupees: Provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term;

(ii) where he commits an offence under any of the clauses (b) to (g) (both inclusive), with imprisonment for a term which may extend to one year or with fine which may extend to four thousand rupees, or with both.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 85 Employees' State Insurance Act, 1948:  

National Jute Manufacturers vs E.S.I.C. And Anr. on 13 September, 1991

Calcutta High Court 

Ramacharan Agarwal vs Employees State Insurance on 22 March, 1999

Andhra High Court

Sri Krishna Pulverising Mills,vs Employees State Insurance  on 14 September, 2006

Andhra High Court 

M.C. Golcha And Anr. vs State And Anr. on 31 January, 1985

Rajasthan High Court 

Employees' State Insurance  vs General Engineering Works And on 14 December, 1998

Madras High Court 

Nathmull Poddar vs Salil Kumar Chakraborty on 10 June, 1970

Calcutta High Court 

Ins.App.No. 21 Of 2010 ( ) vs By Advs.Sri. K.Siju on 17 July, 2009

Kerala High Court 

Employees' State Insurance vs S.C. Sarkar And Ors. on 31 January, 1986

Patna High Court 

M/S Manpower Services India Pvt vs 2 Joint Director on 22 July, 2013

Delhi District Court

Regional Director, E.S.I. vs Managing Director, Transmatic on 2 December, 2005

Kerala High Court 

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