PROVIDENT FUND INSPECTOR Vs. RAM KUMAR

JUDGEMENT

(1.) This order will dispose of Criminal Appeal Nos. 294-DBA, 295 DBA and 296- DBA of 1980, as the common question of law and fact are involved therein.

(2.) The Provident Fund Inspector, Shri B. D. Sharma, P.W. 2, filed three complaints against the respondents under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter called the Act), on the allegations that the provisions of the Act applied to the establishment known as M/s, M.P. Dal Mills, Delhi Road, Hissar, that the accused were the employers within the meaning of Section 2(e) of the Act and were responsible for complying with the provisions of the Act in relation to the above said establishment, that the accused failed to pay to the fund the employees and the employers shares of the contribution from February, 1977 to April, 1977 (relating to Criminal Appeal No. 294 DBA of 1980), May, 1977 to July, 1977 (relating to Criminal Appeal No. 296 DBA of 1980) and from August, 1977 to September 1977 relating to Criminal Appeal No. 295 DBA of 1980) and also the administrative charges for the aforesaid periods, under the Employees Provident Funds Scheme, 1952 (hereinafter called the Scheme) and, thus committed the offences punishable under section 14(1-A) of the Act and that the Regional Provident Fund Commissioner, Punjab, had granted the necessary sanction for the prosecution of the accused respondents. The accused on appearance, pleaded not guilty and claimed trial.

(3.) In order to prove the case against the accused the complainant examined Ashok Kumar, P. W. 1, Upper Division Clerk, Office of the Regional Provident Fund Commissioner, Chandigarh. He also gave, his statement as P.W. 2.