The court quashed the complaint against EPF and ESI officers, finding it malicious and aimed at evading statutory liabilities, emphasizing protections under the EPF and ESI Acts.

JUDGMENT

Mr. Deepak Gupta, J.

In the two petitions titled above, both filed under Section 482 Cr.P.C., prayer is made to quash complaint No. COMI/20/2018 (Annexure P-2) and the summoning order dated 11.07.2018 (Annexure P-3) passed by the Court of learned Judicial Magistrate Ist Class, Bathinda, whereby petitioners of both the petitions have been summoned to face trial under Sections 420/465/467/468/471/472/406/408/409/167/200/198/384/120B IPC; and all the subsequent proceedings arising therefrom.

2. Complaint in question was filed by respondent No.2- Narinder Singla to summon and prosecute as many as eight persons, named below:-

As will be evident from above, accused Nos.1, 5 and 8 are Officers of Employees Provident Fund Organization (for short, 'the EPF Office'); whereas accused No. 4, 6 and 7 are the Officers of Employees State Insurance Corporation (ESI). Accused Nos.2 and 3 are from M/s Advantage HR Solutions, a consultancy firm.

3. CRM-M-36226 of 2018 (O&M) has been filed by accused Nos. 1, 5 and 8, i.e. the Officers of the Employees Provident Fund Organization; whereas CRM-M-38374 of 2018 (O&M) has been filed by accused N: 4, 6 and 7 i.e., the Officers of Employees State Insurance Corporation.

4.1 It was alleged by the complainant-respondent Narinder Singla that he is President of M/s Vivek Bricks Udyog Society, Village Lehra Khana, District Bathinda, which is a manufacturing unit of Fly-ash Bricks and supplying the same to government contractors and other firms. Bricks are manufactured/ prepared by hiring labour on contractual/ daily wage basis, without employing any permanent labour. It was alleged that the complainant had never applied for EPF nor approached the EPF Office by giving his Power of Attorney to any person; that in the year 2013, accused No.2 and 4 approached the complainant with dishonest intention to cause wrongful loss to him, proclaiming that complainant-Society had not applied for ESI Certification for his workers, though it was mandatory and that in case the certification was not sought, he (complainant) could be imprisoned. They induced the complainant to apply for ESI certification and further induced him to pay an amount of Rs. 50,000/- stating that they will complete the entire formalities including preparing the demand draft to be submitted in the department. It was alleged that believing their assurance, complainant paid an amount of Rs. 50,000/- to accused No.2 and 4 in presence of accused No.3 and they obtained signatures of the complainant on various blank printed forms and other relevant documents. They also obtained Registration Certificate of the Society informing him that they will prepare the documents required for ESI Certification by filling the blank papers. Complainant further alleged that he had never asked accused Nos. 2 and 4 for getting his daily wagers/ contractual labours covered under the Employees Provident Fund Act (for short, 'the EPF Act'), as there were no permanent labours and even he had never deducted any provident fund from the daily wages given to the contractual labours and so, Em