JODHPUR B K O THROUGH ITS PARTNERS AND OTHERS Vs. ENFORCEMENT OFFICER.EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER

JUDGEMENT

(1.) By way of this order, I intend to dispose of the aforesaid two petitions as common questions of law and facts are involved for adjudication.

(2.) Prayer in CRM-M No.23472 of 2018 is for setting-aside the order dated 04.01.2018 (Annexure P10) passed by the Additional Chief Judicial Magistrate, Amritsar, dismissing the application filed by the petitioners for discharge in private complaint No.6696 of 2012 under Sections 6, 6-A, 6C, 14, 14(1A), 14(1B), 14(2), 14A(2) read with Section 17-B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (in short 'the Act of 1952') whereas prayer in CRM-M No.39898 of 2018 is for setting-aside the subsequent order dated 23.02.2018 (Annexure P-11), vide which the trial Court has framed charges against the petitioners under Sections 14, 14(2), 14-A and 17(b) of the Act of 1952 read with Paragraphs 76(b) and (d) of the Employees Provident Fund Scheme, 1952, 29(b) and (d) of the Employees Deposit Linked Insurance Scheme and para 42 of the Employees Pension Scheme, 1995.

(3.) Brief facts of the case are that the petitioners are partners of M/s. Jodhpur B.K.O. (referred to hereinafter as 'the Establishment'). The respondent No.1 i.e. the Enforcement Officer under the Employees Provident Fund Organization had filed a complaint praying for initiation of criminal prosecution of the petitioners under the provisions of Sections, 6, 6-A, 6C, 14, 14(1A), 14(1-B),14(2), 14A (2) and 17-B of the Act of 1952. As per this complaint, it is stated that M/s. Jodhpur B.K.O., has failed to pay the employees and employers contribution to the Provident Funds in respect to the employees of the said Establishment along with the administrative charges, for every month within a period of 15 days from the close of month as required under Sections 6, 6-A of the Act of 1952 read with Paragraphs 30 and 38 of the Employees Provident Fund Schemes, 1952. It is further stated in the complaint that as per Section 6 of the Act of 1952 read with Paragraphs 7 and 8 of the Employees Deposit Linked Insurance Schemes, 1976, the accused have further failed to pay the employers' share of contribution to insurance fund in respect of the employees of the Establishment for every month within a period of 15 days from the close of the month. It is also stated that the employers of the Establishment have failed to pay the damages by way of penalty under Section 14(B) of the Act of 1952 read with Paragraph 32-A of the Employees Provident Fund Schemes, 1952, Para 5 of Employees Pension Schemes, 1995 and as per provisions of Para 5 of the Employees Deposit Linked Insurance Scheme, 1976, on account of committing a default in payment of the contribution towards the provident fund, administrative charges, pension fund, employees deposit linked insurance, amounting to Rs.3,37,959/- from May, 1998 to April, 2004.