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CALCUTTA HIGH COURT
Dr. Ajoy Kumar Mukherjee, J
Om Prakash Saxena & Others – Appellant
Versus
The State of West Bengal & another – Respondent
| Table of Content |
|---|
| 1. challenge to proceedings under epf act. (Para 1 , 2 , 3) |
| 2. argument against the nature of the charges. (Para 4 , 5) |
| 3. judicial discipline and precedent compliance. (Para 8 , 10) |
| 4. judicial discipline and precedent adherence. (Para 9) |
| 5. abuse of process in continuing proceedings quashed. (Para 11) |
| 6. outcome of quashing proceedings. (Para 12) |
The State of West Bengal & another For the Petitioners : Mr. Pawan Kumar Gupta Mr. Awadesh Kumar Rai Ms. Sofia Nesar Mr. Santanu Sett Heard on : 07.07.2025 Judgment on : 18.07.2025 Dr. Ajoy Kumar Mukherjee, J.
1. Petitioners herein have challenged the impugned proceeding being case no. C/372 of 2016 initiated under section 14(1)/14(1A)/14(1B)/14(2A)/14AA of the Employees Provident Fund & Miscellaneous Provisions Act,1952 presently pending before learned Judicial Magistrate, Barrackpore.
2. The petitioners used to run a company under the name of Bengal Waterproof Ltd. but the production of the company was suspended in 2011. The company had formed a trust for management of the provident of the staff and workers and obtained exemption form appropriate authority vide notification no. 1944-LW/1A-224/58 dated 31.12.1959. Said trust was
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