OM PRAKASH SAXENA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By filing this Criminal Revisional application under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioners being the accused persons sought for quashing of the proceeding of Case No. C/347 of 2016 under Ss. 14(1A), 14A (1) and 14(2A) of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952 pending before the Court of the Learned Judicial Magistrate, 1st Class, 1st Court, Barrackpore including the Order passed therein dated July 19, 2016. By the said order, the Learned Magistrate took cognizance against the present petitioners.

(2.) The brief facts, leading to filing of this instant Criminal Revisional application, are that one Sanjay Biswas, Enforcement Officer, Employees' Provident Fund Organization, Sub-Regional Office, Barrackpore lodged a petition of complaint against the present petitioners contending therein that the accused persons, being the Directors, were in charge of establishment, namely, M/s Bengal Waterproof Limited having its registered officer at "MMS Chambers", 1st Floor, 4A, Council House Street, Kolkata - 700 001 and were responsible for the conduct of its business. In discharge of such responsibilities, they took part in the running of the business. They are bound to comply with the provision of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952 and the scheme in respect of the said establishment. The accused persons, however, failed to submit the monthly returns for the period November 2013 to January 2014 under the provisions of Clause 16 of Appendix "A" to Paragraph 27AA of the Employees' Provident Fund Scheme, 1952. Therefore, they committed an offence under Ss. 14(1)/14(1A)/14(1B)/14(2A)/14A(1)/14A(2)/14AA of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952.

(3.) Learned counsel appearing on behalf of the petitioners vehemently submitted that the allegations levelled against the present petitioners are false and fabricated. The opposite party no. 2/complainant has suppressed the material facts in the petition of complaint with regard to the non-operational of the organization since 2013. Furthermore, it is also not disclosed to the Learned Court below about the resignation of all the employees from the establishment in the month of November, 2011. The said facts were brought to the knowledge of the petitioner no. 2 by the establishment prior to making complaint. Accordingly, the opposite party no. 2 has released the funds held under the provident fund deposit scheme for final settlement of provident fund dues to all the employees. All employees of the said establishment have already received their entitlements as a final settlement. Not a single complaint has been lodged or pending against the establishment from the side of the employees. After payment of such final settlement of the provident fund to the employees, the Utilization Certificate was also forwarded to the authority including all members.