J.N. Chaudhri, J. - (1.) This revisional application is directed against an order, dated 23 May 1981, passed by the Chief Judicial Magistrate, Howrah, in Case No. 182C of 1981.
(2.) In the said impugned order, the learned Magistrate after accepting the plea of guilt tendered by the learned lawyer on behalf of the accused/opposite party, found the accused( opposite party guilty of the offences under Sections 85(a) and 85(g) of the Employees' State Insurance Act. He also held that as the accused had committed similar offences under S. 85(g) earlier and was punished by the Court on three former occasions, S. 85A of the said Act was applicable and accordingly, he convicted him thereunder and sentenced to pay a fine of Rs. 500 only, in default, to suffer simple imprisonment for three months. He recorded in the said order that he was not inclined to impose any substantive punishment by way of imprisonment of the accused for this technical offence and was of opinion that the imposition of fine would meet the ends of justice. He did not pass any separate sentence for the offence under S. 85(a) of the said Act, although he found the accused guilty in respect of the same.
(3.) Sri Maitra, learned advocate on behalf of the petitioner, has urged the following two points : (1) That the learned Magistrate should have passed separate sentences for the two offences under Cls. (a) and (g) of S. 85 of the said Act. (2) That under S. 85A of the said Act substantive imprisonment was compulsory and the learned Magistrate was erred in law by imposing no substantive imprisonment.;