P. Mandal, J. - (1.) These applications are at the instance of the accused persons and are directed against the proceedings being complaint case Nos. 974 C/2007, 975 C/2007, 976 C/2007, 977 C/2007, 978 C/2007 and 979 C/2007. All the six applications are disposed of by this common judgment as the common question of law is involved in the matters.
(2.) The applicants have preferred these applications for quashing the proceedings lodged against them under Sec. 14(2) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 for non -filing of monthly and yearly Returns for the period mentioned in the respective proceedings. The applicants have contended that they submitted the said Returns from time to time but an ex parte order was passed against them under Sec. 7A of the said Act. Thereafter the applicants preferred review and they were given a chance of hearing and then they complied accordingly. Ultimately, on the basis of the statements available on the record, the concerned Regional Provident Fund Commissioner passed orders under Sec. 7A of the said Act. One Samiran Mukherjee, opposite party No. 3 herein, came to the house of the applicant No. 1 and demanded Rs. 10,000/ - as bribe and for non -payment of such amount by the applicants, so much criminal proceedings were lodged against them only for harassment. When an order under Sec. 7A of the said Act was passed, there was no need of filing any Return as called for because after passing of the order under Sec. 7A of the said Act, the filing of the Return would not serve any purpose at all. Moreover, from the order under Sec. 7A of the Act it would appear that the applicants had paid all the dues and filed pay statements. Even after attachment of a sum of Rs. 2,07,134/ - from the bank account of the applicants an excess payment had been recovered.
(3.) Under the circumstances, the applicants preferred one revisional application bearing C.R.R. No. 4220 of 2007 before the Hon'ble Court for quashing the proceedings bearing the complaint case Nos. 974 C/2007, 975 C/2007, 976 C/2007, 977 C/2007, 978 C/2007 and 979 C/2007 and thereafter as per observation of the Hon'ble Court, the applicants withdrew that revisional application and filed these six applications upon taking permission from the Hon'ble Court. Now, they have prayed for quashing of the said six criminal proceedings by these applications.;