BIDYUT KUMAR SETT Vs. SATYESH CHANDRA BAGCHI

JUDGEMENT

(1.) The petitioners are directors of Messrs. P. Sett & Co. Private Ltd. having its registered office and factory at No. 3, Rama-kanta Sen Lane, within police station Manicktola, in the city of Calcutta.

(2.) On June 5, 1976, the opposite party No. 1, Satyesh Chandra Bagchi, an Insurance Inspector under the Employees' State Insurance Corporation, Calcutta, filed a petition of complaint against the two petitioners and another in the court of the Judicial Magistrate at Sealdah alleging commission of offences under Section 85(a) and (g) of the Employees' State Insurance Act, 1948 (hereinafter the Act), read with Section 4(i)(b) of the Employees' State Insurance (Amendment) Act, 1975, for violation of Regulation 26(c) of the Employees' State Insurance (General) Regulations, 1950 (hereinafter the Regulations), for failure to submit the necessary contribution cards for the periods expiring on November 11, 1975, and January 31, 1976, within the statutory period.

(3.) The learned Magistrate, on the basis of the aforesaid petition of complaint, took cognizance and issued summons against the two petitioners and another under Section 85(a) and (g) of the Act. In this application, the petitioners have prayed that the proceeding pending' against them in the court of the learned Magistrate, being Case No. C-816 of 1976, be quashed.