In Brief
A former employee of M/s Electriex (India) Limited was convicted under Section 85(a) of the Employees' State Insurance Act, 1948 for failing to deposit ESI contributions (Rs. 8,26,696) that were deducted from employees' salaries to the ESIC during February-December 2010. Though claiming to be merely a 'Technical Coordinator', the Supreme Court upheld his conviction and six-month imprisonment plus Rs. 5,000 fine. The Court held that under the Act's broad definition, a 'principal employer' includes anyone responsible for supervision and control—designation is immaterial. As the appellant exercised actual control, non-remittance of deducted contributions constituted a serious offence. The sick industry status offered no criminal exemption, only potential civil relief grounds.
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