- (1.) This criminal revision is directed against the judgment of an Appellate Court, whereby the learned Appellate Court confirmed the order of conviction and sentence of the petitioners passed by the Trial Court in connection with the offence punishable under the provisions of Employees' Provident Fund and Miscellaneous Provisions Act.
(2.) The brief facts of the case are as follows: "The accused No. 1, M/s, Nascent Laboratory (Private) Limited occupier of M/s Pharmachem Laboratory is an establishment covered under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. Accused Smt. Balaka Nath, Chairman along with Sudhamoy Nath, Managing Director, at all material times were person in-charge of the establishment and were responsible to conduct its business and in discharge of such responsibility took part in running of the said business. The accused persons being the employers failed to pay the contribution amounting to Rs. 2,238/- for the month of October, 1988, and as such they are guilty for commission of offences punishable under section 14(1A)/14(2) read with section 14A(1) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952."
(3.) In the Trial the accused persons were charged under section 14(1A)/14(2) read with section 14A(1) of the Employees' Provident Fund and Miscellaneous Provisions Act and the prosecution examined two witnesses, P.W. 1 Sri S. K. Das, who formally made the complaint in Court and P.W. 2 Sri J. C. Dey, the concerned Inspector, who detected the default and two documents, viz. the petition of complaint and the sanction order were exhibited being marked Exhibit 1 and Exhibit 2.;