LAWS(ORI)-1981-7-16

ORISSA MANGANESE AND MINERALS AND ORS. Vs. STATE

Decided On July 16, 1981
Orissa Manganese And Minerals Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS revision petition has been filed for quashing the prosecution pending for trial in the Court of S.D.J.M., Bhubaneswar, in 2(c) C.C. Case No. 437 of 1976. Petitioner No. 1 is a private limited Company and Petitioner Nos. 2 to 5 are the Directors of Petitioner No. 1. As the Petitioners did not comply with the provisions of paragraphs 30 & 38 of the Employees' Provident Fund Scheme, 1951 in as much as they did not pay the administrative charges for the months of April 1975, May 1975 and June 1975, amounting to Rs. 560.50, a prosecution report was filed by the Provident Fund Inspector before the S.D.J.M., Bhubaneswar alleging that the Petitioners are liable under Section 14(1) & (2) and also under Section 14 -A of the Employees' Provident Fund Act, 1952 (hereinafter referred to as the 'Act') read with para 76 of the Scheme. The complaint was filed on 10 -8 -1976 and cognizance was taken by the Magistrate on 11 -8 -1976. After receiving summons the Petitioners appeared before the Court and raised objection on the grounds that the Court has illegally taken cognizance after lapse of the period of limitation as provided under Section 468(2)(b), Code of Criminal Procedure and the complaint having not been filed within one year from the date of commission of the offence the proceeding should be quashed. They also took various other grounds like want of sanction, lack of jurisdiction etc. The learned Magistrate by his order dated 14 -11 -1979 held that the provisions of Code of Criminal Procedure regarding limitation will not be applicable to this case.

(2.) MR . Das, learned Counsel appearing for the Petitioners raised the following contentions:

(3.) SECTION 14 -A of the Act is in the following terms: