EMPLOYES STATE INSURANCE CORPN Vs. VIJAYAN

JUDGEMENT

(1.) The complainant in C.C. 499/92 on the file of the Judicial First Class Magistrate's Court - I, Thrissur is the revision petitioner. The revision is directed against the judgment dated 29.7.1993 discharging the accused under S.245(1) of the Cr.P.C.

(2.) The respondents were prosecuted for the offences punishable under S.85(a) and (c) of the E.S.I. Act alleging that the respondents who are the principal employers of M/s. Cheruvannur Ceramics at Feroke failed to submit the return regarding the E.S.I. contribution in Form No. VI in respect of their employees and failed to pay the E.S.I. contribution in time for the period from 1.4.90 to 30.9.90 as provided under S.40 of the Act r/w Regulation.29 and 31 of the E.S.I. General Regulation.1950. The lower court after trial found that the complainant has failed to prove that the accused are the principal employers of the company and unless the company is an accused, the Managing Director and the Director cannot be prosecuted.

(3.) There is no dispute that the respondents were the Managing Director and one of the Directors of the company in question during the relevant time. The complaint is filed against the respondents alleging that they being the principal employers of the company failed to submit the return of contribution in respect of their employees in Form No. VI for the period ended on 30.9.1990 within the time stipulated and failed to pay the E.S.I, contribution in time for the period from 1.4.'90 to 30.9.'90.