BECTORS FOOD SPECIALITIES Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing the complaint pending before the learned Judicial Magistrate, First Class, Court No. II, Una (learned Trial Court).

(2.) Briefly stated, the facts giving rise to the present petition are that the complainant-Provident Fund Inspector, filed a complaint before the learned Trial Court for the commission of an offence punishable under Para 76 of the Employees' Provident Funds and Miscellaneous Provident Fund Scheme (EPF Scheme), 1952. It was asserted that the petitioner/accused-M/s. Bector Food Specialities Limited is an establishment. It was allotted the PF Code No. HP-3715. Instructions were issued under Para 78(1) and 78(3) on 17/9/2014 to submit the bank account details in respect of all the members of the funds to update the Know Your Customer (KYC) details. The accused failed to comply with the notice. Accused Nos. 2 and 3 are in charge and responsible to accused No.1 for the conduct of its business. The accused were required to comply with the provisions of the Act and the scheme framed thereunder; hence, the complaint was filed before the learned Trial Court for taking action as per the law.

(3.) The learned Trial Court ordered the issuance of the summons against the accused.