STATE OF MAHARASHTRA Vs. FUEL INJECTIONS LIMITED

JUDGEMENT

(1.) THIS group of appeals is being disposed of by this common judgment because in all these appeals, there is a common question of law and fact.

(2.) THE Provident Fund Inspector, as the complainant, filed a number of cases against the respondents. The allegations were that respondent No. 1-M/s. Fuel Injections Ltd. , the company and the firm run by its Chairman Shri V. B. Desai, Director Shri K. P. Gupta, another Director Shri Atul K. Bhagwati, Managing Director Shri Vijay D. Chari, Chief Accountant and Personal Manager-Shri T. S. Venkatraman, and Manager Shri B. N. Shrikant - respondents herein have committed an offence under the provisions of the Provident Fund Act by failing to contribute huge amount. It is not necessary to go into the details of these contributions of the provident fund.

(3.) THE accused were duly served and appeared. The accused, by filing an application, informed to the trial Court that only Managing Director, Shri Vijay D. Chari, was incharge of the companys administration. It was also informed that the said company was in a financial difficulty and presently the liquidation proceedings were under progress. The allegations made in the complaint were admitted, and it was submitted that only the Managing Director Shri Vijay D. Chari was responsible for the lapses in depositing the provident fund. The trial Court accepted the plea of guilt and fined Rs. 500/-, collectively for all accused. Against that order dated 30-4-1985, these appeals have been filed.