PROVIDENT FUND INSPECTOR Vs. ESSKAY TEXTILES

JUDGEMENT

(1.) CRIMINAL Revisions Nos. 737, 738, 750, to 754 and 761 of 1984 have been filed by the Provident Fund Inspector, Faridabad, against the order of the Judicial Magistrate First Class, Faridabad, dated 20th January, 1984, by which he dropped the proceedings in eight different cases filed by the petitioner against Messrs Esskay Textiles Private Ltd., 22 -A, NIT Faridabad, under paragraph 38 of the Employees Provident Fund Scheme read with sections 14(1A) and 14(A) of the Employees Provident Fund and Miscellaneous Act, 1952. The learned Magistrate dropped the proceedings on the short ground that the action was barred by limitation. Since a common point of law is involved in all these eight petitions these would be disposed of by this judgement.

(2.) IN view of Bhagirath Kanoria and others v. State of M.P., 1984(2) RCR(Crl.) 393 (SC) : AIR 1984 SC 1688, where their Lordships were pleased to hold that the nonpayment of the employer's contribution to the provident fund before the due date is continuing offence and, so, the limitation prescribed by Section 468 of the Code of Criminal Procedure would not apply, these petitions have to be allowed. Resultantly the orders under revision in all the 8 petitions are set aside and the learned trial Court is directed to proceed afresh in accordance with law. The parties are through their counsel directed to appear before the trial Court on 8th April, 1985. Petition allowed.