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CALCUTTA HIGH COURT
K. K. Mitra, J.
Chatterjee B. M. v. State
| Table of Content |
|---|
| 1. conviction under employees' state insurance provisions. (Para 1 , 2) |
| 2. directors' liability under statutory provisions. (Para 3 , 4) |
| 3. interpretation of 'principal employer' definition. (Para 5 , 6 , 7 , 8) |
| 4. do not interfere with conviction; sentence maintained. (Para 9) |
1. This is a Rule directed against the order passed by a Presidency Magistrate convicting the petitioner under S.85 (a) read with S.73 - A of the Employees' State Insurance Act (Act 34 of 1948) and also under S.85 (g) read with S.73 - E of the said Act and also under S.85 (g) read with Regulation 26 of the Employees' State Insurance (General) Regulation, 1950. The petitioner is sentenced to pay a fine of Rs. 30/- on each of the three counts of charge and in default to suffer a simple imprisonment for one week.
2. The prosecution case is that the petitioner is a Director of M/s. Bengal Steam Laundry Private Ltd. having its factory at 42C, Richi Road, Calcutta bearing a Code No. 41/3882. The principal employer of a factory is required to make special contribution in terms of the provision of S.73 - A of the Employees' State Insurance Act read with a Government Notification No. SS 121(60) dated 6
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