ORDER :

Criminal Original Petition filed to call for the records and quash all proceedings in STR.No.1157 of 2008 on the file of the Judicial Magistrate No.I, Puducherry.

2. The petitioners, who are the accused in a complaint filed by the respondent/complainant, Employees' State Insurance Corporation [ESI] for the offences under Section 85(a) punishable under Section 85(i)(b) of the Employees' State Insurance Act, 1948 have filed the above quash petitions.

3. The gist of the complaint is that Employees' State Insurance Corporation [ESI] have filed the complaint on the ground that the Educational Institutions and its Correspondent, President/Head master, who are in-charge and responsible for the conduct of the business of the Educational Institutions failed to pay the employees' contribution and employers' contribution. Hence, they are vicariously liable for the offence under Section 86 of the Act. As per Section 40 of the Act, the Principal Employer, should have paid in respect of every employee, the employer's share of contribution and the employee's share of contribution should have been paid within the time limit specified under Regulation 31 of the ESI [General] Regulations, 1950.