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.
Article referred: http://www.livelaw.in/courts-no-discretion-reduce-fine-amount-prescribed-esi-act-supreme-court/
Article referred: http://www.livelaw.in/courts-no-discretion-reduce-fine-amount-prescribed-esi-act-supreme-court/
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