STATE OF MAHARASHTRA Vs. C U PADIA

JUDGEMENT

(1.) This is a reference by the Addl. Chief Metropolitan Magistrte, 8th Court, Esplnade Bombay, under sec. 15 (2) of theContempt of Courts Act for taking action against respondents Nos. 1 to 4

(2.) The original complainant before, the Magistrate is one Kumari R.M. Moorjani, Provident Fund Inspector attached to the office of the Regional Provident Fund Commissioner for Maharashtra and Goa. Respondents Nos. 1 to 3. are the partners of a. firm carrying on business in the name of Garment Cleaning Works, Bombay. The firm is liable to pay Provident Fund contribution of the emplyees as well as the employers under the Exployees' Provident Fund and Family Pension Fund Act, 1952 (hereinafter referred to as the Act,) These amounts have to be deposited monthly by 15th of the next month. These"amounts consist of three items. One is theemployer's constribution the other is the employee contribution, and the third is the administrative charges of the Provident Fund department Not to deposit or pay these amounts by specific date is declared a criminal offence under the Act.

(3.) The original complainant filed three different cases against respondents Nos. 1 to 3 and they were criminal cases Nos 1014/PF -of, 1973, 1015/PF of 1973 and 444/PF of 1974. These were for the nonpayment of the amounts due under the Act by respondents No. 1 to 3 for different periods. So far as Criminal case No. 10l4/ PF of 1973 is concerned it releted to period July, to September 1973 and Criminal Case No. 1015/PF of 1973 related to period October 1973. The case of 1974 related to period January and February 1974. Admittedly both criminal cases of 1973 have ended in conviction on admissions of guilt. The criminal case of 1974 has also ended in conviction on 12-11-1976 but after contest It need not be specifically pointed out that the 1974 ease was a pending undecided case on 20th of April 1976.