TELCO CLUB Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amit Kumar Das, learned counsel for the petitioner, Mr. Shailesh Kumar Sinha, learned counsel for the State and Mr. Rupesh Singh, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dtd. 11/4/2016 passed in C/2 Case No.409/2015, pending in the Court of the learned Additional Chief Judicial Magistrate at Jamshedpur.

(3.) The complaint case was filed by opposite party no.2 alleging therein that the petitioner is an establishment within the meaning Employees' Provident Fund and Miscellaneous Provision Act, 1952 (hereinafter to be referred to as 'the Act, 1952') and the Employees' Provident Fund Scheme, 1952, the Employees' Family Pension Scheme, 1971 and the Employees' Deposit Linked Insurance Scheme, 1976. The petitioner has employed 23 persons who are covered under the Act and the Schemes and the petitioner has been allotted Code No.JHA/JAM/1077/Jamshedpur, Jharkhand. It was further alleged that the petitioner has not filed the returns for the currently period April, 2001 to March, 2002 along with contribution card within month from the date of expiration in accordance with the provisions of paragraphs 35, 42 and 43 of the Employees' Provident Fund Scheme, 1952 in relation to Md. Akhtar and thus, has committed an offence under Sec. 14(1A), 14(B) of the Act, 1952 and Para 76(D) of the Employees' Provident Fund Scheme, 1952 read with Sec. 14(2) of the said Act.