Section 85 of The Employees’ State Insurance Act, 1948

Posted on by Rudrajyoti Nath Ray

Section 85(a)(i)(b) of The Employees’ State Insurance Act, 1948 prescribes punishment for a particular offence as imprisonment which shall not be less than Six Months and fine of Five Thousand Rupees. The proviso empowers Court to impose a sentence of imprisonment for a lesser term “for any adequate and special reasons to be recorded.“

My Lord, No Fine or Fine < Five Thousand Rupees?

“The law is well settled, when the wordings of the stature are clear, no interpretation is required unless there is a requirement of saving the provisions from the vice of unconstitutionality or absurdity. Neither of the twin situations is attracted herein. Hence it is held, the amount of fine has to be Rupees Five Thousand and Courts have no discretion to reduce the same once the offence has been established. The discretion as per the proviso is confined only in respect of term of imprisonment.”

– Hon’ble Justice Shiva Kirti Singh, Employees State Insurance Corporation v. A.K. Abdul Samad, [Criminal Appeal Nos.1065-1066 of 2005].

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