R K DATTA Vs. EMPLOYEES STATE INSURANCEE S I
HIGH COURT OF CALCUTTA
R K DATTA
EMPLOYEES STATE INSURANCEE S I
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(1.) THIS revisional application is for quashing the proceeding in Case No. C/1587 of 1978 under Sec. 85 (a) and (g) read with Section 85 (A) of the Employees' State Insurance Act, 1948 and the order dated 10. 9. 79" passed by the learned Metropolitan Magistrate, 9th Court, Calcutta reflecting, the petitioner's prayer for dropping the proceeding against him.
(2.) UPON hearing the learned advocate for the parties and considering averments made in the complaint so far as the petitioner is concerned, I find that he cannot be called principal employer of M/s Nabasakti Newspaper Co. Pvt. Ltd. within the meaning of clause (17)of Section 2 of the said Act, the relevant portion of which 'runs as follows :-
"principal employer means - (i) in a factory, the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representatives of a deceased owner or occupier and where a person has been named as the Manager of the factory under the Factories Act, 1948 (63 of 1948)the person so named;"
(3.) IN the present case the relevant averment in the petition of complaint filed by the E. S. Insurance Inspector is as follows
"the accused persons are the Managing Director and Manager respectively of M/s Nabasakti Newspaper Co. Pvt. Ltd. having its factory at 123, Acharya Jagadish Bose road, Calcutta-14 and Code 41-2408 was allotted to it. As such the accused persons are the principal employers of the said M/s. Nabasakti newspaper Co. Pvt. Ltd. as denned in clause 17 of section 2 of the said act;";
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