Legal Reference Library

Supreme Court in Employees State Insurance Corporation vs. A.K. Abdul Samad & Anr, has held that the Courts have no discretion to reduce the fine prescribed in Sec 85 (a) (i) (b) of the Employees’ State Insurance Corporation Act, once the offence has been established. Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh held that discretion as per proviso to Section 85 (a) (i) (b) is confined only in respect of term of imprisonment. The Law 85(a)(i)(b) of the Employees’ State Insurance Corporation Act prescribes punishment for a particular offence under ESI Act as imprisonment which shall not be less than six months and the convict shall also be liable to fine of five thousand rupees. The proviso however empowers the court that it may, “for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term;” Background Facts The appellants were found guilty and were punished by imposing a fine of Rs.1000/- and w...

Royal Western India Turf Club Ltd. v. E.S.I. Corporation and Ors. The Supreme Court rejected submissions of the Royal Western India Turf Club Ltd. that casual workers employed by it were outside the ambit of the Employees State Insurance Act, 1948. Terming such an approach "tenuous", the Court held the Club liable for making contributions to the Employees State Insurance Corporation, with interest. The Club's submissions before the Court that being temporary staff, engaged on race-days for issuing tickets, were not covered as 'employees' under the Act were rejected. Also were rejected 'consent terms' evidence such a status quo as the same pertained to an earlier period in which other establishments of the Turf Club were also covered. Relevant Employees State Insurance Corporation v. Hyderabad Race Club MANU/SC/0554/2004 Employees' State Insurance Corporation v. Gnanambikai Mills Ltd. MANU/TN/0308/1974 Section 2 Employees' State Insurance A...

1) Jyothi Ademma vs. Plant Engineer, Nellore & Another 2) A. Trehan vs. Associated Electrical Agencies and Another 3) Regional Director, ESI Corporation vs. Francis De Costa 4) P. Asokan vs. Western Indian Plywoods Ltd., Cannanore 5) Bharagath Engineering vs. R. Ranganayaki and Another 6) National Insurance Company Ltd. vs. Hamida Khatoon and Others IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8155 OF 2014 Dhropadabai and Others Appellant(s) Versus M/s. Technocraft Toolings Respondent(s) The labour Court framed two principalcssues, namely, whether the accident had occurred during course of employment of the deceased-employee, and whether the legal heirs were entitled for grant of compensation amounting to Rs.3 lacs along with 50% penalty and interest at the rate of 18% per annum on the total amount of compensation from the date of accident till realization of compensation amount as per law. once an emp...