TATA CHEMICALS LTD. Vs. AMIT DAS

JUDGEMENT

(1.) The criminal revision has been preferred praying for quashing of the proceedings in C.R.Case No.6701 of 2017, pending before the Learned Additional Chief Judicial Magistrate, Haldia, Purba Midnapore under Ss. 14(1)/14A/14AA/14(2a) of the Employees Provident Fund and Miscellaneous Provisions Act read with Para 76D of the Employees Provident Fund Scheme for violation of Appendix A below Para 27AA read with Para 72(5) of the EPF Scheme and Para 38 of the Employee's Pension Scheme 95.

(2.) The petitioners case is that C.R.Case No.6701 of 2017 was initiated on the basis of a petition of complaint filed by the opposite party before the Court of the Learned Additional Chief Judicial Magistrate, Haldia inter alia alleging commission of offences punishable under Ss. 14(1)/14A/14AA/14(2a) of the Employees Provident Fund and Miscellaneous Provisions Act. The specific allegations against the petitioner in the petition of complaint before the Trial Court are as follows:-

(3.) In the petition of complaint, it has been further stated in paragraph 5, that claims of the four ex-employees were also settled for four pension claims, which was settled by the complainant office. In course of hearing, the Learned Senior Counsel for the petitioner has brought the notice of the Court to the document at page-21 of the revisional application (Annexure'P-2') which has the name of the members whose provident fund dues were settled in full, along with interest.