K C GHOSHAL Vs. PROVIDENT FUND INSPECTOR

JUDGEMENT

(1.) IN these ten connected matters petitioners claimed exemption from attendance in proceedings in criminal cases under the Employees Provident Fund & Family Pension Act, 1952. Application for personal attendance under sections 205 and 317 Cr. P. C. has been rejected. The applicants have, therefore, approached this Court under section 482 of the Code of Criminal Procedure, 1973 read with section 397 Cr. P. C.

(2.) IT is not disputed that the liability under the Act is more of civil nature though technically they are criminal offences. IT is also conceded that the amount of the Provident Fund has been deposited during the pendency of these cases. In all, the Management has deposited about Rs. 4,93,745-75 for workmen working in the factory and an amount of Rs. 5,50,000/- has been deposited for the workmen who are working in the quarry admitted by both parties.

(3.) THIS court in S. B. Criminal Revision No. 275 of 1977 K. C. Ghoshal vs. Provident Fund Inspector, Kota granted the exemption. It was observed that keeping in view the nature of the accusation and the fact that the entire amount of Provident Fund and Family Pension has been paid, the exemption of attendance of the accused would be in the interest of justice.