K. Ramaswamy, J. - (1.)Special leave granted.
(2.)Since common question of law arises in these 18 appeals for decision, they arc disposed of by a common judgment. The appellant is one of the Directors of M/s. Ideal Jawa (India) Ltd., Yadavagiri, Mysore, a Private Ltd. Company established under the Companies Act. It was also registered under the Factories Act, 1948. Its object is to manufacture Motor-Cycles and its accessories. It has its Managing Director, Joint Managing Director and Directors including the appellant to manage the establishments. The respondent laid 18 complaints against six accused including the appellant (A-6) and the Company, employer, for their failure to deposit the contribution for the periods of October to December, 1990 to the Provident Fund Account No. NK 2260 under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, for short 'the Act', Employees' Provident Fund Scheme, 1952, Employees' Family Pension Scheme, 1971 and Employees' Deposit-Linked Insurance Scheme, 1976, for short 'the Schemes' punishable under S. 14A of the Act read with para. 76 of 1952 Scheme. On the Magistrate's taking cognizance thereof, the appellant laid Crl. M.Ps. in the High Court to quash the complaints as they do not contain the relevant averments constituting the offences against the appellant. It is his case that he is a mere Director of the Company. He was neither in-charge of the Company, nor is responsible to comply with the provisions of the Act and the Schemes. In support thereof he placed reliance on the definition 'employer' and the be liability has been fastened on the Managing Director or the Manager or occupier of the establishment to abide by the Act and the Schemes. The High Court by its order dated March 3, 1992, dismissed the applications. Thus these appeals.
(3.)Sri Nesargi, learned Sr. counsel for the appellant contended that a reading of the definition 'employer' in S. 2(e) read with Ss. 30, 14(1-A) and paras 30 and 38 of the Schemes demonstrates that the employer in relation to an establishment means the owner or occupier of the factory which includes the Agent or the Manager of the factory under the Factories Act. One Sri N. K. Khudamurad was recorded as occupier and one Sri D. K. Darasha was recorded as the Manager. They are in-charge of and were responsible to comply with the Act and the Schemes. No specific averments were made in the complaint making the appellant responsible for the management of the factory or the liability to comply with the Act and the Schemes. The complaint, therefore, laid against him is illegal and the cognizance taken by the Magistrate is vitiated by manifest error of law in support thereof he placed reliance on the decisions of this Court in Municipal Corpn. of Delhi v. Ram Kishan Rohtagi, (1983) 1 SCC 1 and Employees' State Insurance Corpn. v. Gurdial Singh, (1991) 1 Suppl. SCC 204.