A.K.Nayak, J. - (1.) This revisional petition under Section 401 read with Section 482, Cr. P. C. is directed against an order dated 3.4.85, passed by learned Chief Judge, City Sessions Court, Calcutta, in criminal appeal No, 34 of 1984 whereby the learned Judge allowed the appeal in part, upholding and confirming the sentence of conviction against two accused petitioners passed by Metropolitan Magistrate, 5th Court, Calcutta, but modifying the amount of fine that was to be paid by the accused-petitioner.
(2.) The complainant-opposite party State Insurance Corporation brought this case against the accused-petitioner Nos. 1 and 2 the Directors, and accused petitioner No. 3 (whose name has been deleted subsequently in this petition) the Manager of the factory, Shiva Glass Works Co. Ltd., as the principal employers, for their failure to submit contribution cards for the period 24.11.79 and 26.1.80, which should have been submitted according to the complainant on or before 5.1.80 and 7.3.80, respectively. Allegedly the accused petitioners were also convicted previously for similar such offence in 1975. The accused petitioners by such non-submission of contribution cards allegedly violated Regulation 26 of the Employees State Insurance (General) Regulations, 1950, and made themselves liable for prosecution under Section 85(g) of the E.S.I. Act.
(3.) The defence of the accused petitioners was that they had not committed any offence and not being the principal employers in respect of the factory could not be prosecuted for the alleged offence. The learned Magistrate found the accused persons including the present petitioners guilty of the said offence having been found them as principal employers which was upheld though the sentence was modified on appeal by the Chief Judge.;