A.K.Nayak, J. - (1.) These appeals by Special Leave under section 378(4) of the Code of Criminal Procedure, Heard analogously, are directed at the instance of Employees' State Insurance Corporation (represented by the Insurance Inspector) against the orders of acquittal dated 19th December, 1984, passed by learned Metropolitan Magistrate, 9th Court, Calcutta, acquitting the accused opposite party in cases brought under section 85(a) and (g) of the Employees' State Insurance Act, 1948.
(2.) The aforesaid two cases were brought by the petitioner-Insurance Inspector, Employees' State Insurance Corporation, on two separate complaints before the learned Chief Metropolitan Magistrate, Calcutta, against the manager and the other directors of a factory namely M/s. Pradeep Automobiles (P) Ltd. 19, Goabagan Street, Calcutta-6, on the accusation that the manager and the directors of the said factory had failed to submit contribution cards in requisite form for the period expiring on 29.9.73 and 24.11.73 respectively, for which the said persons including the accused opposite party Smt. Ichraj Devi Chopra as the principal employers were liable to be prosecuted for commission of an offence punishable under section 85(g) of the said Act. The learned Magistrate to whom the case was transferred, acquitted the accused opposite party under section 255(1) Cr. P. C. holding that the opposite party-respondent although a director of the said firm, she could not be deemed to be the principal employer as defined in section 2(17) of the said Act.
(3.) Being aggrieved by the same orders of acquittal the petitioner has preferred these two appeals which are being heard analogously for convenience.;