PROVIDENT FUND INSPECTOR Vs. RAJKUMAR MILLS LTD

JUDGEMENT

(1.) - This appeal is directed against the trial Courts judgment and order of acquittal dated 18.5.1984, passed by the Judicial Magistrate, 1st Class, Indore, in Criminal Case No. 952 of 1977, thereby acquitting the accused-respondents of charges under section 14(1A) read with Paragraph 76(d) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short, the Act).

(2.) The accused-respondents, who in the year 1976 were Managing Director, Joint Managing Director and Manager respectively of M/s. Rajkumar Mills Ltd., Indore an establishment within the meaning of Employees Provident Funds and Miscellaneous Provisions Act, 1952, and were responsible for the conduct of its business. They were charged with offences punishable under section 14 of the Act read with Para 76(d) of the Scheme framed under the Act. They pleaded not guilty to the charge and the Judicial Magistrate, 1st Class, Indore, before whom they were tried, acquitted them of the charges, vide judgment dated 18.5.1984. The Provident Fund Inspector has preferred this appeal against the said order of acquittal. Prosecution case in short was that the accused under Paragraphs 30 and 38 of the Scheme framed under the Act, known as Employees Provident Fund Scheme, 1952, were required to pay the employees employers contribution to the provident fund, in respect of the employees of the Rajkumar Mills Ltd., together with the administrative charges, for every month, within fifteen days of the close of that month.

(3.) The accused-respondents did not pay Rs. 1,35,516.00 (Rupees one lakh thirty five thousand five hundred and sixteen) for the month of June, 1976, Rs. 1,11,998.00 (Rupees one lath eleven thousand Nine hundred ninetyeight) for the month of August, 1976, and an identical amount of Rs. 1,11,998 for September, 1976, being the employers contribution to the provident fund vide Ex. P/i. Provident Fund Inspector, Indore, therefore, filed a complaint against the accused alleging that they were persistent defaulters and were earlier convicted by the Chief Judicial Magistrate, Indore, in Criminal Cases Nos. 17/76 and 542/76 for non payment of employers contribution to the provident fund for the months of June, 1975 and August, 1975.