ANANTHARAMAIAH WOOLLEN FACTORY, BANGALORE Vs. STATE

JUDGEMENT

(1.) There is a factory named and styled as M/s. M. Anantharamaiah, Woollen Factory, situate at Mysore Road. Bangalore. It is an establishment within the meaning of the Employee's Provident Funds and Miscellaneous Provisions Act, 1952, (hereinafter referred to as the Act). The Employees' Provident Fund Scheme, 1952, the Employees' Family Pension Scheme, 1971, and the Employees Deposit Linked Insurance Scheme, 1976, are applicable to the said establishment. It has been allotted a code number as KN/4. Sri. M. Anantharamaiah and his 3 sons, viz.. Sri. M. A. Srinivas, M. A. Venkatesh and M. A. Govindarai are the partners of the establishment.

(2.) 10 complaints for failure to pay Administrative charges punishable under Section 14 (1-B) and 14-A of the Act, 5 complaints for failure to pay contribution under Employees' Deposit Linked Insurance Scheme punishable under Section 14 (1-B) and 14-A of the Act, 3 complaints for failure to pay Provident Fund contribution punishable under Section 14 (1-A) and 14-A of the Act and 1 complaint for failure to submit monthly return punishable under Section 14 (2) read with para 76 (b) of the Act were filed by the Provident Fund Inspector against the firm and the 4 partners of the firm including Sri. M. Anantharamaiah in the Court of the Metropolitan Magistrate, III Court. Bangalore City.

(3.) When 19 Criminal cases were registered and processes were issued, the petitioners who were arrayed as Accused 1, 3, 4 and 5 made applications for their discharge on the ground that they were not the employers of the factory as defined under Section 2 (e) (i) of the Act. As such, the prosecution launched against them was illegal and without authority. The learned Magistrate having rejected their applications, they - have approached this Court in revision.