KAMALA TEA COMPANY LIMITED Vs. STATE OF WEST BENGAL
LAWS(CAL)-2007-3-5
HIGH COURT OF CALCUTTA
Decided on March 09,2007

KAMALA TEA COMPANY LIMITED,A.V.CHITTARAN,S.V.MOHATA,SANDHIR KUMAR AGARWAL,A.V. HITTOORAN Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) The subject-matter of controversy in all the five abovementioned cases being substantially the same, the said applications under Sections 401/482 of the Code of Criminal Procedure were heard at a time.
(2.) Grievances of the petitioners as ventilated in the various applications, may briefly be stated as follows:
(3.) Though employees' share of contributions towards Provident Fund were deducted by the respective employers from the wages of the employees, they failed to pay or deposit such contributions to the statutory find. By not paying such amount to the statutory fund though recovered from the wages of the members of the employees, there had been a failure on the part of the employers which amounted to an offence of criminal breach of trust under Section 405 of the Indian Penal Code.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.