ESI CORPORATION Vs. BRAJAKISHORE PANIGRAHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30.01.1990 passed by the Judicial Magistrate First Class, Bhubsaneswar in 2 (C) C.C. Case No. 2 of 1988/Trl. No. 791 of 1989 acquitting the Respondents of the charge under Section 85(g) of the Employees State Insurance Act.

(2.) THE case of the prosecution is that M/s Hirakhanda Engineers (P) Ltd, Rourkela was a factory as per the provision of E.S.I. Act and Code No. 441838 had been allotted to it by the E.S.I. Corporation. Accused Respondent No. 1 being the Managing Director and accused -Respondent No. 2 being the Director were the principal employers of the said factory. On 27.07.1987, the Respondents failed to produce the records of the factory before the Deputy Regional Director, E.S.I. Corporation, Bhubaneswar for inspection and thus they violated the provisions of E.S.I. Act. After obtaining necessary sanction from the competent authority, P.R. was submitted against the Respondents.

(3.) THE plea of the defense was complete denial of the demand of records by the E.S.I. authority and their specific plea was that the prosecution was barred by limitation.