VidhiSangh

Supreme Court of India · 17/04/2025

AJAY RAJ SHETTY versus DIRECTOR & ANR.

[2025] 4 S.C.R. 1299 · 2025 INSC 500

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court affirmed the conviction of the appellant under Section 85 of the Employees' State Insurance Act, 1948 for the company's failure to deposit ESI contributions deducted from employees' wages, holding on the concurrent findings that he was described as General Manager in the company's records and fell within the definition of 'principal employer' in Section 2(17) as a managing agent. The six-month sentence and fine of Rs. 5,000 were not reduced to imprisonment till the rising of the Court.

Issues

  1. Whether the appellant, who claimed to be only a Technical Coordinator, was the 'principal employer' of the company within Section 2(17) of the Employees' State Insurance Act, 1948 and liable for the non-deposit of deducted ESI contributions.
  2. Whether the decisions in ESIC v. Gurdial Singh and J K Industries Ltd. v. Chief Inspector of Factories and Boilers assisted the appellant.
  3. Whether the sentence of six months' imprisonment and fine of Rs. 5,000 should be reduced to imprisonment till the rising of the Court in view of the subsequent payment of the dues and the company's status as a sick industrial company.

Provisions considered

Held

Result

Appeal dismissed; the appellant to undergo the sentence after set-off of any period already undergone and to pay the fine if not already paid; exemption from surrender withdrawn and the appellant to surrender before the Trial Court within two weeks; no order as to costs; I.A. No. 20317/2024 allowed and I.A. No. 20329/2024 disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 1299.