B M CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a Rule directed against the order passed by a Presidency Magistrate convicting the petitioner under Section 85 (a) read with Section 73-A of the Employees' State Insurance Act (Act 34 of 1948) and also under Section 85(g) read with Section 73-E of the said Act and also under Section 85(g) read with Regulation 26 of the Employees' State Insurance (General) Regulation, 1950. The petitioner is sentenced to pay a fine of Rs. 30/- on each of the three counts of charge and in default to suffer a simple imprisonment for one week.

(2.) The prosecution case is that the petitioner is a Director of M/s. Bengal Steam Laundry Private Ltd. having its factory at 42C, Richi Road, Calcutta bearing a Code No. 41/3882. The principal employer of a factory is required to make special contribution in terms of the provision of Section 73-A of the Employees' State Insurance Act read with a Government Notification No. SS 121(60) dated 6-2-52 within 30 days of the expiry of a quarter and also to submit return in form (SC 2) under Section 73-E of the said Act read with notification No. RS-9/52B dated 16-2-52 within 45 days of the expiry of each quarter and further required to submit contribution cards within 42 days of the expiry of each contribution period under regulation 26 of the E.S.I. (General) Regulation, 1950. A complaint had been filed under Section 86 of the State Insurance Act and the petitioner was punished in the Court of the Presidency Magistrate under Sections 85(a) and 85 (g) of the Act.

(3.) It is not challenged that the petitioner is one of the Directors of M/s. Bengal Steam Laundry. But the contention of the petitioner is that Sri B. Roy Chou-dhury, another Director, used to look after the management of the concern and, therefore, he is not liable for contravention of the provisions of the State Insurance Act.