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BIBHAS RANJAN DE
Joydeb Basak – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Bibhas Ranjan De, J.) :
1. In the present application the challenge is the proceedings in connection with G.R. Case no. 7492 of 2015 arising out of Khardah Police Station case no. 1060/15 dated 18.12.2015 under Sections 406/409/420/120B of the Indian Penal Code (for short IPC) presently pending before the Court of Ld. Additional Chief Judicial Magistrate (for short ACJM), Barackpore.
Background:-
2. On 18.12.2015 the Inspector of Enforcement, Employees’ Provident Fund and Miscellaneous Organization, SRO, Barackpore lodged a written complaint with the officer in-charge of Khardah Police Station inter alia alleging the commission of offence under Section 406 of the IPC. The allegation leveled in the said complaint is to the effect that the petitioner no.1/company is covered under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short EPF and MP Act) under code no. 338. It has been alleged that as per provisions of Section 6 of the said act read with paragraph 38 of the Employee’s Provident Fund Scheme, 1952, the petitioner no.1 is required to pay the employees’ share of provident fund contribution deducted from the salaries/wages/amount on or bef
Directors can be held liable for non-remittance of provident fund contributions, and late payments do not absolve prior violations.
A director of a company cannot be held responsible for any act of the company who is the employer and is liable for depositing the employees' share of provident fund before the provident fund authori....
Directors of a company cannot be prosecuted for non-deposit of provident fund contributions as the company itself is the principal employer responsible for such obligations.
The principal employer retains responsibility for statutory dues for workers employed through contractors, irrespective of contractual arrangements, and appeals regarding statutory matters must be fi....
A person cannot be held liable for offences committed prior to their appointment, and proper sanction for prosecution is essential under the Employees Provident Fund & Miscellaneous Provisions Act, 1....
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