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 the employees.

JUDGMENT

Vinod S. Bhardwaj, J. - The case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

1. The instant petition raises a challenge to the order dated 06.02.2018 (Annexure P-1) passed by the Judicial Magistrate 1st Class, Bhiwani in Criminal Complaint No.29/14 dated 08.08.2014 under Section 6, 14 (1-A) and 14-A of Employees' Provident Funds & Misc. Provisions Act, 1952 titled as "Provident Fund Inspector Vs. M/s Baptist Senior Secondary School and Others, whereby the accused have been discharged.

2. A brief reference to the facts leading to filing of the instant petition shows that the complaint had been filed by the Provident Fund Inspector against the respondents under the Employees' Pension Scheme, 1995 read with Sections 6, 14(1-A) and 14A of Employees's Provident Funds & Misc. Provisions Act, 1952. The relevant averments made in the said complaint are extracted as under:

"2. M/s Baptist Senior Secondary School, Circular Road, Bhiwani (hereinafter referred to as the said establishment) is an establishment covered under the Employees' Provident Funds & Misc. Provisions Act, 1952 (herein after referred to as the Act). It has been allotted Code No.HR/2554.

3.. That the accused No.1 M/s Baptist Senior School represented by Rev Solomon David, 2 Rev Solomon David, Manger, BUNI Manager, 3. Dayal Masih, President, BUNI, 4. Daniel Budh Masih, Secy- Treasurer, 5. Joy S. Singh, BCTA, 6. S. K. Raj, Member BUNI, are in charge of an responsible for the conduct of the business of the said establishment. They are required to comply with all the provisions of the said Act, the Scheme (the Pension Scheme or the Insurance Scheme) in respect of the said establishment.

4. That under paragraph 4 of the Employees' Pension Scheme, 1995, the accused are required to pay the Employer's contribution to the Pension Fund in respect of employees of the said establishment for every month within 15 days of the close of that month.

5. That in spite of several requests, the accused failed to pay in the manner mentioned in paragraph 4 of the complaint, the Pension fund Contribution for the following period:-

6. That I submit that under the above circumstances that said establishment/above mentioned Director/Owner have committed offences under paragraphs 4 of the Employees' Pension Scheme, 1995 read with section(s) 14 (1-A) and 14A of the employees' Provident Funds & Misc. Provisions Act, 1952 on or about the dates mentioned in paragraph 4 of the complaint.

7. That I further submit that accused No.1 M/s. Baptist Senior Secondary School, 2. Rev Solomon David, Manager, BUNI, 3. Dayal Masih, President , BUNI, 4. Deniel Budh Masih, Secy-Treasurer, 5. Joy S. Singh, BCTA, 6. S. K. Raj, Member BUNI, were during relevant period In charge of the said establishment responsible for the conduct of the business of the said establishment. As the said establishment/Director/Owner due to their neglect have failed to comply with the provisions of Section 6 of the Act read with para 4 of the Employees' Pension Scheme 1995 hence have committed offence punishable under section 14(1-A) and 14-A of the Act."

3. After filing of the aforesaid complaint, the parties were summoned and the matter was fixed for framing of charge. The counsel representing the respondents-accused submitted that Baptist Union of Northern India is registered under the Societies Registration Act, 1860 and that the accused persons-respondents were not legally bound to make contribution in the pension fund of the employees of M/s Baptist Senior Secondary School, Circular Road, Bhiwani, as contribution in the provident fund is to be made by Principal of this school. It was further pointed out that there was no evidence to show that the accused persons were office bearers of M/s Baptist Senior Secondary School, Circular Road, Bhiwani, at the relevant ti