SOLIDAIRE INDIA LIMITED Vs. S RAMAKRISHNAN

JUDGEMENT

(1.) The petitioners in the above Criminal Original Petitions are the accused 1 and 2 in C.C. Nos. 4857 to 4877 of 2004 on the file of the XI Metropolitan Magistrate, Saidapet, Chennai, wherein they are facing trial for the alleged offence under Sections 6-C read with Sections 14(1B)/14-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees Deposit Linked Insurance Scheme 1976. The petitioners are seeking quashing of all further proceedings in the aforesaid cases.

(2.) In the complaint filed by the respondent against the petitioners herein it is alleged that the first accused is an establishment within the meaning of Employees Provident Fund Act and as such the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and the two schemes framed thereunder, namely, Employees Provident Funds Scheme, 1952 and the Employees Pension Scheme 1995 are applicable to the establishment. The first accused has been allotted Code No. TN/10349. It is further alleged in the complaint that the second accused is the person incharge of the establishment and is responsible for the conduct of the day to day affairs of the business and as such the second accused is required to comply with the provisions of the said Act and schemes in respect of the said establishment.

(3.) In the complaint it is alleged that under paragraphs 7 and 8 of the Employees' Deposit Linked Insurance Scheme 1976, the accused are required to pay the contribution and the Administrative Charges for every month within fifteen days of the close of every month in respect of the employees of the establishment, but inspite of several requests, the accused failed to pay the Employees Deposit Linked Insurance Contributions and the Administrative Charges, for the purpose, the details of which have been furnished in the respective complaints. The complaints numbering twenty-one filed by the respondent were taken on file as C.C. Nos. 4857 to 4877 of 2004. Being aggrieved by that, the petitioners are before this Court.