ARUN KUMAR BAJORIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred for quashing of the proceedings of Case No. C774 of 2005 under Section 14(2A) of the Employees Provident Fund and Miscellaneous provisions Act, 1952 (hereinafter referred to as the 1952 Act only) pending before the Ld. Judicial Magistrate, 1st Court, Barrackpore.

(2.) The revisional application was preferred by four petitioners namely Arun Kumar Bajoria, Bimal Kumar Poddar, Ram Niwas Chirimar and Balbinode Bajoria. On 25-9-2019 the Ld. Advocate appearing for the petitioners filed supplementary affidavits including the death certificate of two of the petitioners namely, Arun Kumar Bajoria and Ram Niwas Chirimar and as such this Court was pleased to observe that no requirement was there for proceeding with the revisional application so far as these two petitioners are concerned. As such the revisional application presently has been argued on behalf of two of the petitioners namely, Bimal Kumar Poddar and Balbinode Bajoria.

(3.) Affidavits were exchanged between the petitioners as well as the opposite party being the PF Authorities. The allegations in brief as narrated in the petition of complaint which was preferred before the Ld. ACJM, Barrackpore were to the effect that M/s. Hooghly Mills Co. Ltd. : Waverly Jute Mills at 177, West Ghosh Para Road, Athpur, Jagatdal, North 24 Parganas is an establishment within the meaning of the 1952 Act and the accused persons at all material times were the persons in charge of the establishment and were responsible for the conduct of its business and in discharge of such responsibilities took part in the running of its business and as such they were thus required to comply with the provisions of the 1952 Act.