B.C.Basak, J. - (1.) These appeals by the Regional Provident Fund Commissioner, West Bengal (hereinafter referred as to R.P.F.C.) are directed against orders passed by the learned Company Judge of this Court in an application under section 633 (2) of the Companies Act (hereinafter referred to as the said Act) whereby the learned Judge passed an order in favour of the petitioners. FACTS
(2.) We shall set out herein below the operative portion of the certified copy of the order as drawn up and included in the Paper Book (Later on, we shall refer to the signed copy of the Minutes of the order passed, as recorded by the Court Officer, as certain submissions have been made relying on the same) . "Upon the application by summons dated this day of the abovenamed Ravindra Chamaria, Jyotirindra Mohan Roy, Bajranglal Saraogi and Rajat Chakraborty (hereinafter referred to as the said applicants) filed this day and upon hearing Mr. Tapas Banerjee (Mr. R. K. Lala and Mr. K. R. Das appearing with him) advocate for the said applicants and Mr. K. N. Srivastava, advocate for Regional Provident Fund Commissioner and upon reading the petition of the said applicants and the exhibits annexed thereto and marked respectively marked 'A' and an affidavit of Ravindra Chamaria as to the verification of the said petition affirmed on the twenty seventh day of January in the year one thousand nine hundred and eighty six and all filed this day and by and with the consent of the parties appearing in this application being treated to have been placed in the days list as an adjourned application. It is ordered that the above named respondents and each of them be and they are hereby prohibited from initiating any criminal proceedings against the said applicants or any of them for non-payment and/or delayed payment of the provident fund dues until further orders of this Court and it is further ordered that the said applicants do pay to the above named respondent No.2 a sum of rupees fifty thousand per month commencing from April in the year one thousand nine hundred and eighty six towards arrears of Provident Fund dues until the entire dues of the above named respondent No.2 is paid off. And it is further ordered that this application be and the same is hereby disposed of accordingly and it is further ordered all parties to act on a copy of the minutes of this order duly signed by an officer of this Court being served on them."
(3.) The application was made by four persons. The petitioners Nos. 1, 2 and 3 described themselves as Directors of Eastern Manufacturers Co. Ltd. (hereinafter referred to as the said company) and the petitioner No. 4 who described himself as the Mill Manager of the Jute Mill which is owned by the said company. The said company has been carrying on business, inter alia, of manufacturing different types of jute products and for which the said company has a factory at Titagarh, District 24-Parganas. Certain facts are pleaded in the petition regarding the management and financial position of the said company. The case sought to be made out in the petition is as follows : "Your petitioners state that in the circumstances aforesaid because of the reasons stated hereinbefore the Employers and/or Employees' Contribution of Provident Fund could not be paid by the said company in full although time to time some amounts have been paid by the company towards the said dues. Your petitioners state that a sum of Rs. 6,76,711.97p. has been paid towards the current dues." (para 15) "Your petitioners apprehend that the respondent may initiate proceedings for not depositing in full the Employees' Provident Fund respondents for the years 1982-83, 1983-84, 1984-85 and 1985-86 and/or earlier." (para 16) "Your petitioners state that after adjusting the payments made company at present the dues of Employees' contribution of the Provident Fund to be deposited by the company would amount to Rs. 25,74,951/- in total and the Employers' Contribution of the Provident Fund payable by the company would amount to Rs. 57,55,761/- and loan realisation to be deposited by the company would amount to Rs. 38,45,104/- in total for the years aforesaid amounting to Rs. 1,21,65,816/- in total." (para 17) "Your petitioners state that as stated hereinbefore the said company has just started working on its own after passing through a crisis for nearly 5 years. Your petitioners state that your petitioners are able to pay and/or deposit with the respondents @ Rs. 50,000/- per from April 1986 towards the amount payable as Employers' Provident Fund and/or to be deposited as Employees' Provident Fund with the respondents". (para 18) "Your petitioners state that in the circumstances aforesaid an should be made directing the respondents to accept a sum of 50,000/- per month from April 1986 towards liquidation of the dues payable by the company towards Employers' contribution of provident Fund and amount to be deposited towards Employees' Contribution of the Provident Fund till the entire dues are paid off." (para 19) "Your petitioners state that inasmuch as the respondents might prosecution against your petitioners for the alleged violation of different provisions of the Provident Fund Act, the respondents should be directed not to initiate any proceedings against your petitioners until orders." (para 20);