REGIONAL DIRECTOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since, the common question of law and facts is involved in these matters, they are heard together and being disposed of by this common order.

(2.) The appellant-Employees' State Insurance Corporation, having its registered office at the address mentioned in the cause title, is a Statutory Authority under the Department of Labour, Government of India, New Delhi. The original complainant is a public servant, as defined under Section 14 of the Indian Penal Code being the Insurance Inspector under the Employees' State Insurance Act , 1948 ('ESI Act', in brief), who is a competent officer to prefer these appeals. He has been given a sanction by the Joint Regional Director for preferring appeals against the judgment and order passed by the learned Addl. Chief Metropolitan Magistrate, Court No.2, Ahmedabad, Dated: 31.05.2016, rendered in Criminal Case Nos. 3288, 3289, 3290, 3291, 3292 and 3293 of 1993, whereby, it acquitted the original accused-respondents, herein, of the offence punishable under Section 85(A) of the ESI Act.

(3.) This is a case, where, the the respondents are alleged to have failed to deposit the contribution due to the ESI Corporation. Although, it had directed the contribution to be deducted from the salary of the employees, and thereby, had allegedly violated the provisions of Section 85 of the ESI Act.