INFODESK MANIPAL LIMITED, NO. 1/1, MILLERS ROAD, BANGALORE - 560052 AND PRATHAP HEGDE, MANAGING DIRECTOR, M/S. INFODESK MANIPAL LIMITED, NO. 1/1, MILLERS ROAD, BANGALORE - 560052 Vs. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION

JUDGEMENT

(1.) HEARD learned advocates appearing on both sides and perused the record. By an order bearing No. KN/PF/ENF -CIR -I/BD -IV/KN/25008/197/2004 dated 19.05.2004, the Assistant Provident Fund Commissioner, Bangalore, determined the contributions payable by the 1st petitioner. Respondent filed complaints alleging that the petitioners - accused have committed the offences punishable under paragraph 76(d) of the EPF Scheme, 1952 read with Ss. 14(1A) and 14A of the EPF and Miscellaneous Provisions Act, 1952. The complaints were filed for not remitting the amount of Rs. 10,80,929/ - as per the findings in the aforesaid order dated 19.05.2004. In all, 42 complaints were filed in the Spl. Court for Economic Offences, Bangalore. After trial, in all the cases, by separate Judgments and Orders, accused were found guilty. In each of the cases, accused No. 2 was sentenced to undergo S.I. for 6 months and pay fine of Rs. 5,000/ -, In default, to undergo S.I. for a further period of 3 months. Out of the fine amount realised, 50% was ordered to be paid to the complainant as compensation. Accused were directed to pay the contributions within one month. No separate sentence was passed against A1 -Establishment.

(2.) JUDGMENT /s of conviction and Order/s of sentence were assailed by filing criminal appeals. The appeal/s having been dismissed, these criminal revision petition have been filed.

(3.) THE petitioners have remitted the fine amount of Rs. 5,000/ -, in each of the cases. Petitioners had filed Criminal Revision Petition No. 1201/2009 and connected cases, assailing the Judgment/s of conviction and Order/s of sentence passed by the Trial Court and affirmed by the Appellate Court. The said revision petitions were disposed of by a common order dated 11.02.2010, which has attained finality.