SANKAR BHATTACHARJEE Vs. BHOLONATH GHOSH

JUDGEMENT

(1.) This is an appeal against an order of acquittal passed by Sri S.N Banerjee, learned City Sessions Judge, Calcutta dated December 8, 1984 by which the order of conviction and sentence passed on the respondent under Section 85(g) of the Employees' State Insurance Act has been set aside and the respondent No. 1 has been acquitted of the offences.

(2.) Facts are briefly as follows

(3.) The accused respondent No. 1 along with T.P. Ghosh and Amiyabala Ghosh, since deceased, were the partners of M/s. The Star Printing Works having its factory at No. 30, Shibnarayan Das Lane, Calcutta and, as such, the principal employers as defined in Section 2(17) of the Employees' State Insurance Act as the partners of the firm they were Covered under the Employees State Insurance Act and the code number was allotted to it was being numbered 41-2080 and as principal employers they were liable under Section 40 of the act to pay both the employers and employees shares of contribution in respect of every employee by affixing requisite stamps on the contribution cards or the employees as provided in regulation 26 of the E.S.I. (General) Regulations, 1950 for the period alleged in the petition of complaint; they were, therefore, liable to be prosecuted under Section 85(a)(g) of the Act. On the basis of the complaint by the present appellant who is the Inspector of the E.S.I. Corporation, a criminal proceeding was lodged against all the partners. During the pendency proceedings, Tarapada Ghosh and Amiyabala Ghosh died. The learned Magistrate on considering the evidence on record found the respondent No. 1 Bholanath Ghosh guilty under Section 85(g) and convicted and sentenced him to pay a fine of Rs. 1000/-, in default, to suffer simple imprisonment for one month and a half and also-directed that 50 per cent of the fine, if realised, shall be paid to the complainant by way of compensation.