T.A.VARGHESE Vs. RAM BAHADUR THAKUR LTD.

JUDGEMENT

(1.) The above appeal is filed against the judgment dated 30.6.2005 in Crl.A No.93/2004, by which the appellate court acquitted respondent Nos.2 to 4. As per the above judgment, the conviction and sentence imposed on the 1 st respondent herein was confirmed by the appellate court. (Hereinafter the parties are mentioned in accordance to their rank before the trial court). This appeal came up in the defect list earlier, showing that the service to the 1st respondent is not complete. Since the conviction and sentence of the 1 st respondent herein is not challenged in this appeal, this Court directed the learned counsel for the appellant to get ready to argue the appeal and accordingly the appeal was listed today. Today, I heard Smt.Neetha N.S, who is the Standing Counsel appearing for the appellant.

(2.) The appellant herein filed a complaint before the lower court to prosecute respondent Nos.1 to 4 under Sections 14(IA) , 14(2) and 14(A) of the Employees Provident Fund Miscellaneous Provisions Act, 1952 (for short ' EPF Act ') and paragraph 76(d) of the Employees Provident Fund Scheme (for short 'the Scheme').

(3.) The case of the complainant is that the 1 st accused M/s.Ram Bahdur Thakur Limited, Thungamullay Estate is an establishment within the meaning of EPF Act and the Scheme. The original accused Nos.2 to 8 who were the persons in charge of the establishment were responsible for the conduct of the business of the establishment and were bound to comply with all provisions of the EPF Act and Scheme. The case of the complainant is that, the accused had to remit a sum of Rs.1,66,158/- for the month of June 1995, before 15 th July and towards the provident fund amount for July 1995, a sum of Rs.1,73,855/- had to be remitted before 15 th August. It is the case of the complainant that, the above amounts were to be remitted along with the administrative charges amounting to Rs.5,937/- and Rs.6,229/- respectively. It is alleged that, the accused failed to remit the amount, despite the demand and hence the accused committed the offence under the provisions quoted above. After complying with the statutory formalities and getting the sanction from the competent authority, the complaint was filed.