R. N. Aggarwal, J.

( 1 ) THE respondents herein C. K. Kajiriwal and I. P. Pahuja, Director and General Manager, respectively, of Ajudhia Textile Mills were prosecuted for offences punishable under Section 14-A of the Employees Provident Fund Act read with para 76 of the Employees Provident Fund Scheme. The charge against the accused was that they had failed to deposit the provident fund contribution far the month of January 1971 amounting to Rs. 11,102. 25.

( 2 ) THE defence of Kajriwal was that he was riot responsible for depositing the provident fund and that he was only responsible for expansion of the company for its modernisation. Kajriwal admitted that he was a director of Ajudhia Textile Mill Ltd. in the year 1971. Shril. P. Pahuja admitted that he was the manager of Ajudhia Textile Mill Ltd. , in 1971. Pahuja stated that it was the Factory Manager Mr. B. N. Wali who was the person incharge and responsible for the conduct of the business of the company/establishment and that it was he who was responsible for depositing the provident fund, employees state insurance, etc. and that in form 5-A prescribed under the Employees Provident Fund Scheme 1952 Mr. Wali was named as the p

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