J.P.Mitter, J. - (1.) These appeals against acquittals preferred by the State of West Bengal involve the interpretation of para 70 of the Coal Mines Provident Fund Scheme.
(2.) The facts leading up to the prosecution of the respondents were these: The respondents were the partners of a firm carrying on business as colliery owners. Under the Coal Mines Provident Fund Scheme, the respondents were liable to pay their contribution in respect of the provident funds of those of their employees who had Joined the Provident Fund Scheme. At the date of the institution of the complaint, a sum of Rs. 11,343-15 annas was owing to the said Fund. The respondents had also defaulted in submitting duly stamped contribution cards for the periods ending 30-9-1951, and 30-9-1952. On or about 10-8-1953, S. P. Sarma. Inspector, Coal Mines Provident Fund, submitted a report about the respondents having breached the provisions of paras 33, 38 and 42 of the Coal Mines Provident Fund Scheme and asked for sanction for their prosecution. Such sanction having been obtained on or about 10th August, a petition of com plaint dated 13-8-1953, was filed before the Sub-Divisional Officer, Asansol.
(3.) Upon a consideration of the evidence, the trial Court found the respondents guilty of contravention of the provisions of paras. 33, 38 and 42 of the Scheme and sentenced each of the respondents to pay a fine of Rs. 200/-, in default to suffer simple imprisonment for one month. It was ordered that the entire amount of the fine, if realised, was to be paid to the Commissioner, Coal Mines Provident Fund Scheme, by way of compensation.;