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SANJAY PRASAD
Awadhesh Kumar Pandey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Prasad, J.
This Criminal Revision Application has been filed by the petitioner challenging the order dated 12.06.2019, passed by the learned S.D.J.M., Dhanbad in E.P.F. Case No. 02 of 2012 (State through Inspector E.P.F. vs. M/s Dhanbad Nagar Nigam and Anr.), whereby the learned Court below has rejected the discharge petition filed by the petitioner under Section 245 of the Cr.P.C. with observation that there is sufficient material on record to frame charge u/s 14(2) of the E.P.F. and M.P. Act, 1952 and under Para 76(a)(d) of the E.P.F. Scheme, 1952 against the petitioner.
2. The complaint case was filed by the O.P.No.2 on 20.09.2012 in the Court of S.D.J.M., Dhanbad against the Dhanbad Nagar Nigam, Dhanbad and also against the petitioner for the alleged offence u/s 14(1A), 14(1B) of the Employees Provident Fund & Miscellaneous Provisions Act, 1952 and Para-76 (b) of the E.P.F. Scheme, 1952 read with Sections 14(A), 14A(1), 14 AA of the Employees Provident Fund Act, 1952 on the ground that the Employer failed to pay on account of the Family Pension Fund and the amount of Employees’ and Employer’s contribution for the month from January, 2011 till now, within 15 days
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....
Initiating criminal proceedings before the final adjudication of the dispute would be an abuse of the process of law. Criminal liability arises only after the failure to deposit the determined amount....
Directors can be held liable for non-remittance of provident fund contributions, and late payments do not absolve prior violations.
The burden lay upon the complainant to establish that the respondents are the employers in M/s Baptists Senior Secondary School and were legally bound to make contribution in the provident fund of th....
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