Supreme Court of India · 2016-03-10
Emp.State Insurance Corporation vs A.K.Abdul Samad & Anr
- Citation / case number
- AIR 2016 SUPREME COURT 1290
- Court
- Supreme Court of India
- Petitioner
- Emp.State Insurance Corporation
- Respondent
- A.K.Abdul Samad & Anr
- Author
- Shiva Kirti Singh
- Bench
- Shiva Kirti Singh, Dipak Misra
Judgment text excerpt
The Supreme Court interpreted Section 85(a)(i)(b) of the Employees’ State Insurance Corporation Act, clarifying that while the court has discretion to impose a lesser term of imprisonment, it does not extend to reducing the mandatory fine of five thousand rupees. The Court held that the statutory language mandates both imprisonment and fine, thus the High Court's decision to impose a lesser fine was incorrect. The appeal was allowed, reinforcing the imperative nature of the penalties prescribed by the Act.