Vijay Singh Jakhar Vs Haryana Employees State Insurance Corporation and others ( Punjab and Haryana High Court)
In the case Vijay Singh Jakhar vs Haryana Employees State Insurance Corporation & Others, the Punjab and Haryana High Court dealt with a petition filed under Section 482 Cr.P.C. seeking to quash a criminal complaint under Section 85(a) of the Employees State Insurance Act, 1948. The complaint alleged that Vijay Singh Jakhar, as the principal employer of Jaat Senior Secondary School, Hisar, failed to pay contributions to the Employees State Insurance (ESI) fund for a specified period. The petitioner contended that he was merely an employee and resigned from his role as principal in May 2010, prior to the alleged period of non-compliance, arguing that the management of the school, not him, was liable for ESI contributions.
The Employees State Insurance Corporation (ESIC) countered that the petitioner, as the principal during the relevant time, was responsible for managing the school’s affairs and thus qualified as a “principal employer” under Section 2(17) of the Act. However, the defense highlighted that contributions for the period in question were already paid, as evidenced by documentation submitted to ESIC. The court examined the applicability of Section 40 of the ESI Act, which obliges the principal employer to remit contributions. Past judgments, including those from the Supreme Court and other High Courts, were cited to interpret the definition and liability of a principal employer in such cases.
