Case Law Analysis
|Bombay High Court
Section 85(g) ESI Act | Re-Verification Demand Without Fresh Default Cannot Sustain Criminal Prosecution : Bombay High Court
Bombay High Court rules that criminal prosecution under Section 85(g) of the ESI Act requires proof of deliberate default, not mere failure to re-produce already verified records. Employers cannot be penalized for non-compliance with repeated verification demands unless a fresh statutory violation is established.