BIHAR COTTON MILLS LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) These fifteen criminal miscellaneous cases have been heard together as they involved the common question of law. In the applications under Section 482 of the Code of Criminal Procedure, 1973 (here inafter called the 'Code') various identical points have been raised and, therefore, it would be convenient to deal with those points in the common judgment.

(2.) All criminal miscellaneous cases are directed against the order dated 6-10-1982 passed by the learned Chief Judicial Magistrate, Patna in various complaint cases, namely, Complaint case No. 444(M) of 1982, Complaint Case No. 441 (M) of 1982, Complaint Case No. 434(M) of 1982, Complaint Case No. 432(M) of 1982, Complaint Case No. 437(M) of 1982, Complaint Case No. 438(8) of 1982, Complaint Case No. 446(M) of 1982, Complaint Case No. 442(M) of 1982, Complaint Case No. 435(M) of 1982, Complaint Case No. 436(M) of 1982, Complaint Case No. 439(M) of 1982, Complaint Case No. 433(M) of 1982, Complaint Case No. 445(M) of 1982, Complaint Case No. 440(M) of 1982 and Complaint Case No. 443(M) of 1982, respectively. According to the impugned orders the learned Chief Judicial Magistrate has taken cognizance against the various petitioners under Section 76(d) of the Employees Provident Fund Scheme, (in short, the Scheme) read with Sections 14-A and 14-AA of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'Act'). By the same order the learned Chief Judicial Magistrate transferred the various complaint cases to the court of the Judicial Magistrate, 1st Class, Patna for favour of disposal.

(3.) The petitioners are the Bihar Cotton Mills Limited, Phulwarishariff. Patna and the persons-in-charge of the said factory and responsible to it for the conduct of its business. The complainant, in all these cases, is Shri Ram Chandra Jha, Provident Fund Inspector, Grade (II) Bihar who figures as opposite party No. 2. The allegation against the petitioners is that they did not deposit the employers contribution to the Provident Fund of the employees for the various period mentioned in the complaint petitions thereby infringing the provisions of the Act and the scheme.