P.K.Biswas, J. - (1.) This is an application under section 482 of the Code of Criminal Procedure seeking quashing of the present proceeding being Case No. C/1661 of 1988 under sections 85(a), 85(e) and 85(g) of the Employees State Insurance Act, 1948 as amended.
(2.) The short fact of this case may be summarised as follows:- The petitioner Nos 1 and 2 are Directors of the Company named and styled as Rajmata India (P) Ltd. (hereinafter referred to as the 'company'). In the Factory of the said Company, there is a Factory Manager duly appointed under the provisions of Factories Act which is to the knowledge of the said Opposite Party, the ESI Inspector.
(3.) Due to the acute financial difficulties, the said Company could make provisions for just paying the employees so that the Company might not collapse and the old employees may not thrown out of employment and under the provisions as contained in the said Act and Regulations, the said Company is under statutory obligations to pay the ESI dues within the statutory period. The Company, however, paid the ESI dues for the entire period, but such making of payments were delayed due to acute financial stringencies as the Company was limping to carry on day to day business.;