ABL INTERNATIONAL LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioners by filing the instant application under section 482 of the Code of Criminal Procedure sought for quashing of proceeding in Case No. C-6338/05 now pending before the learned 3th Court of Metropolitan Magistrate, Calcutta, under section 85(a) of the ESI Act, 1948.

(2.) Grievances of the petitioners may briefly be stated as follows: Petitioner No. 1 is a Public Limited Company and petitioner Nos. 2 to 4 are Directors of the said company who are involved in framing broad policy matters of the company and are not connected with the day-to-day running of the business of the company.

(3.) The petitioners had been falsely inplicated in the case on the accusation of having failed to pay the employers and employees share of contribution for the period from July, 2003 to September, 2003 under the ESI Act, 1948 and ESI (General) Regulations, 1950 (as amended). By order dated 12th July, 2005 the learned Magistrate after taking cognizance directed issuance of summons. The petitioners received a notice from the opposite party calling upon them to make payment of Rs. 3,04,447.00 in respect of certificate No. C/Ins-1/41-0432 dated 22nd June, 2005 as employers' and employees' share of contribution for the period from April, 2003 to January, 2004 along with interest of Rs. 100.25p.