KISHAN LAL Vs. PROVIDENT FUND INSPECTOR

JUDGEMENT

(1.) By filing the present petitions under Section 482 of Code of Criminal Procedure, 1973 (hereafter referred to as 'Cr.P.C.') the petitioner seeks quashing of complaint case under paragaraph 7 & 8 of Employees Deposit Linked Insurance Scheme, 1976 read with Section 6C & 14(1B) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act').

(2.) Since all these petitions involve similar question of law, they are being disposed of by this common order.

(3.) The factual matrix of the case is that the petitioner is the sole proprietor of M/s. Kishan Lal Building Construction, which is an establishment within the meaning of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and is the person in-charge of the said establishment for its day-to-day business. The said establishment has been allotted Code No.DL/12261. The case against the petitioner is that the petitioner failed to pay the employees' pension fund contribution within the stipulated period and violated the provisions of paragraph 4 of Employees Pension Scheme, 1995 and section 6-A(2) of the Act and thus committed an offence punishable under Section 14(1A) of the Act.