MALHATI TEA & INDUSTRIES LTD Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-9-10
HIGH COURT OF CALCUTTA
Decided on September 03,2019

MALHATI TEA And INDUSTRIES LTD And ORS Appellant
VERSUS
State Of West Bengal And Anr Respondents

JUDGEMENT

Madhumati Mitra, J. - (1.) The application under Section 401 read with Section 482 of the Code of Criminal Procedure has been filed by the present petitioners praying for quashing of the criminal proceedings being Special Case No.22 of 2013 arising out of G.R. Case No. 270/11 pending before the learned 2nd Additional Sessions Judge, Special Court, Jalpaiguri. Petitioners have also challenged the legality and propriety of the orders dated 19.12.2013, 11.02.2014 and 25.02.2014 passed by the learned Judge Special Court, Jalpaiguri in connection with the criminal proceedings mentioned above.
(2.) Petitioner No.1 is a company duly registered under the Companies Act, 1956. The petitioner No.2 is the ex-Director of the said company and remaining petitioners i.e. petitioners No. 3 to 5 are the Directors of petitioner no.1 company.
(3.) The petitioners have stated that petitioners no.1company is the owner of the Tea Estate and employer within the meaning of Section 2(e) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. It is the specific case of the petitioners that the said company is covered by the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Petitioner no.1 company is under an obligation to pay provident fund dues under the provisions of the said Act in respect of the Tea Estate namely Jogesh Chandra Tea Estate. Petitioners have claimed that petitioner no.1 company is an exempted establishment under Section 17(1)(a) of the Act and the company has a Board of Trust to which provident fund money in respect of the employees share is being deposited.;


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