BHARATKUMAR R RUIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is Criminal Writ Petition for quashing certain criminal proceedings. Heard both the sides.

(2.) THE concerned Officer under the Employees' State Insurance Act filed the complaint in the court below alleging that the petitioners have committed an offence of criminal breach of trust in not depositing the Employees' State Insurance contribution collected from the employees with the Department and thereby committed an offence punishable under section 406 of the Indian penal Code. On the basis of two complaints criminal cases are registered by the learned Magistrate which are mentioned in the petition.

(3.) BEING aggrieved by the initiation of the criminal proceedings, the petitioners have filed this criminal Writ Petition challenging the validity and continuation of the prosecution against them. Two argument were urged in support of the petition. Once is that the petitioners are not the principal employers or occupier of the company in question and therefore, they are not personally liable to be proceeded against if there is any violation of the Employees' State insurance Act and Rules. The other ground is that the prosecution is not sustainable for want of sanction by the Commissioner under the Act. On the other hand, the learned Counsel appearing for the Employees' State Insurance corporation controverted these two arguments and contended that the prosecution against the petitioners is perfectly maintainable and there is no merit in the petition.