STATE OF MAHARASHTRA Vs. ESPEE ENGINEERS

JUDGEMENT

(1.) THIS is an appeal preferred by the State of Maharashtra and is directed against an order passed by the learned Vth Judicial Magistrate, First Class, Thane, in a prosecution at the instance of the Provident Fund Inspector. It is relevant to mention that this is the first of a group of 21 such cases, each of which cover a prescribed period which is not very relevant.

(2.) THE facts indicate that M/s. Expee Engineers, Unit No. 1, of which the two accused before the trial Court, who are father and son, are partners, were prosecuted on the ground that they had not paid the employees contribution alongwith administrative charges to the insurance fund within 14 days of the close of the preceding month. The accused did not dispute the charge and pleaded guilty and the learned Magistrate convicted them and imposed a fine of Rs. 100/- in default R. I. for 10 days. The State of Maharashtra has preferred these appeals on the ground that the punishment awarded by the lower Court was inadequate in so far as infringements of this type are persistent and that the accused persons not only find it more economical to pay the fine than to comply with the provisions of law but furthermore, that the punishment is so light that there is neither corrective action nor does it work as a deterrent. As a result, the public welfare legislation is suffering serious set-backs in its implementation.

(3.) THERE are different learned Public Prosecutors who are appearing in each of the matters. I am, however, summarising the submissions advanced by them which follow acommon pattern viz. , that in recent times, the courts have come down heavily on displaying any leniency in respect of offences of the present type. They have also submitted, and rightly to my mind, that where it is evident to the trial Court, such as in the present group of cases, that the accused have consistently and over a relatively long period of time repeated flagrant breaches of the provisions of law, that it would be a rank miscarriage of justice if they were to be allowed to get away lightly. The A. Ps. have also justifiably submitted that the imposition of sufficiently stringent punishment is a legal necessity if the recurrence of these offences is to be curtailed.