Title: M/s Jayapradha Cine Theatre v. Employees State Insurance Corporation
Crl. O.P.No.22258 of 2023 & batch
Decided on: 20th October, 2023
CORAM: Hon’ble Justice G. Jayachandran
Introduction
In a case involving non-payment of dues under the Employee State Insurance Act, the Madras High Court declined to stay the sentence against actress and former MP Jayaprada and others.
Facts of the Case
The first petitioner The partners of M/s Jayapradha Theatre operate it as a business. One of its partners is the second petitioner. It has an obligation to pay ESIC, its share, and the employees’ share under the scheme as an employer. The petitioners are required by law to fulfil this commitment, and failing to do so is illegal. Orders for recovery under Section 45-A of the ESI Act were issued in 2005 due to a period of non-payment of contributions. At the same time, prosecution under Section 85(a) of the Act, which is punishable under Section 85(i)(b) of the Act, was started. The petitioners are challenging the decision made.
Courts analysis and decision
The Metropolitan Magistrate had noted that there was no other option than to impose a sentence because of the seriousness of the offence and the ineligibility for any mercy. The court further observed that the crime committed in this case was socio-economic in nature, making it atrocious and regrettable, as the Employees State Insurance Act was a socio-welfare law passed for the benefit of employees.
The Court observed, “the appellate Court is right in rejecting the petitions to suspend the sentence of the accused, who did not appear before the trial Court on the date of judgment and also did not surrender before the Appellate Court, when the request for suspension of sentence was taken up for hearing. The track record of the case justifies the said order. Hence, these Criminal Original Petitions are dismissed.”
“The Lower Appellate Court shall not entertain petition for bail/suspension of sentence, unless the pre-condition of deposit is complied and the accused/petitioner physically appears. To enable the petitioners to satisfy the pre-condition (deposit of Rs.20 lakhs and appearance in person) 15 days time from today is granted.” stated the Court.
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Written by- Aashi Narayan
