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1978 Supreme(Raj) 94

G.M.LODHA
K. C. Ghoshal – Appellant
Versus
Provident Fund Inspector, Kota – Respondent


Advocates Appeared:
U.N. Bhandari & R.S. Yadav, for petitioners; Richpal Singh, Public prosecutor; C.N. Sharma, for complainant

G.M. LODHA, J.—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. The reasons given for rejection of the application for exemption from attendance are not of any substantial nature. The learned counsel appearing for the respondent agreed that principal object of the attendance of the accused is for his own benefit. It has been laid down in Bhagwan Das vs. State through Badri Prasad (1)








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