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1986 Supreme(SC) 545

Supreme Court Of India
E.S.VENKATARAMIAH,SABYASACHI MUKHARJI
Provident Fund Inspector, Faridabad - Appellant
Versus
Jaipur Textile, Faridabad - Respondent
Criminal Appeals Nos. 56/86, 62-73/85,74A to 88/85, 89-104/185, 120-21/85, 54-61/85, 505/86 and S.L.P. (Cri.) No. 2167/84
Decided On : 12/10/1986

Subject

Criminal Law - Prosecution

Act Referred

CONSTITUTION OF INDIA : Art.141
EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT : S.14(a)

Headnote

Criminal Appeals - Special Leave Petition - Arrears Due - Arrears of Provident Fund – Held, In view of the statement made learned counsel for respondents on behalf of some of respondents that they have paid all arrears of Provident Fund in respect of which prosecution was instituted we direct that the prosecution against them shall not be proceeded with. If any of the respondents has not paid all the arrears in respect of which the prosecution has been instituted they may deposit whatever arrears are due from them on or before 31st December, 1986 and if they do so the prosecution against them shall come to all end. If they do not pay the arrears accordingly the prosecution shall be proceeded with - Criminal Appeals and Special Leave Petition are disposed of

Advocates Appeared:
.

Judgement

ORDER :- We have heard learned counsel for the parties. We set aside the judgment passed by the High Court in each of these cases. In view of the statement made by M/s. T.V.S.N. Chari and P.H. Parekh, learned counsel for the respondents on behalf of some of the respondents that they have paid all the arrears of Provident Fund in respect of which the prosecution was instituted we direct that the prosecution against them shall not be proceeded with. If any of the respondents has not paid all the arrears in respect of which the prosecution has been instituted they may deposit whatever arrears are due from them on or before 31st December, 1986 and if they do so the prosecution against them shall come to all end. If they do not pay the arrears accordingly the prosecution shall be proceeded with. The order

will not serve as a precedent as it is passed in the peculiar facts and circumstances of these cases.

2. The Criminal Appeals and Special Leave Petition are disposed of accordingly.

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