ALUMINIUM INDUSTRIES LTD Vs. PROVIDENT FUND INSPECTOR

JUDGEMENT

(1.) The appellant-management was sought to be prosecuted for its failure to contribute its contribution towards employees' provident fund during the years 1987 to 1989 under Section 14 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short "the Act").

(2.) The appellant-management filed Writ Petition No. 5906 of 1990 before this Court praying for a writ of mandamus declaring that the launching of prosecution against it by the authorities of the provident fund in S.T.C. Nos. 512 to 519 of 1990 on the file of the third respondent as illegal, unsustainable and contrary to the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985, and to consequently forbear the third respondent from proceeding with S.T.C.Nos. 512 to 519 of 1990.

(3.) Before the learned single judge, it was contended on behalf of the appellant- management that the launching of the prosecution is contrary to Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short "the Act") and, therefore, it is liable to be quashed. The learned judge opining that criminal prosecution do not fall within the ambit of protection envisaged under Section 22 of the Act, dismissed the writ petition. Hence, this writ appeal.