- (1.) The respondent herein was running a spinning mill in the name and style of Bala International. It is an establishment covered under the provisions of Employees State Insurance Act, 1948. The specific case of the complainant is that the establishment committed delay in the matter of remitting the contribution. Hence, a complaint was laid against the respondent for the offence under Sections 85 (i)(b) of the Act. The same was taken on file as C.C No.10 of 2003 on the file of the Chief Judicial Magistrate, Karur. The respondent herein denied the charge and claimed to be tried. In support of the complaint, the complainant examined two official witnesses and marked Exs.P1 to P6. On the side of the accused, no evidence was adduced. The learned Trial Judge by judgement dated 27.08.2009 acquitted the respondent of the charge. Challenging the judgment of acquittal, this criminal appeal has been filed.
(2.) Heard the learned standing counsel appearing for the ESI corporation and the learned counsel appearing for the acquitted accused.
(3.) As rightly pointed out by the learned counsel appearing for the ESI corporation, the respondent establishment was covered under Section 1(5) of the Employees State Insurance Act, 1948. A distinct code number was also allotted. The respondent was the proprietor of the establishment and in terms of Section 40 of the Act. He has been the principal employer. The respondent ought to have paid a sum of Rs.17,097/- as employees contribution along with his share a sum of Rs.46,406/- totalling the sum of Rs. 63,503/- for the wage period June 2001 to March 2002 within 21 days from the expiry of the wage period when the contribution fell due.;