REGIONAL DIRECTOR E S I CORPORATION Vs. SHYAM BHATIA

JUDGEMENT

(1.) Heard Mr. Mehta for the applicant and the learned APP for the respondent No. 2 State. Advocate for respondent No.1 is absent when called.

(2.) This revision application is directed against the and order dated 29th of September 1999 of the Metropolitan Magistrate, 25th Court, Mazgaon, Mumbai, discharging the respondent No.1.

(3.) The complainant, Inspector of Employees State Insurance Corporation (for short the "ESI Corporation"), filed a complaint in the court of Metropolitan Magistrate against the respondent No.1, alleged that respondent No.1 had failed to pay employer's and employees' contribution, in accordance with provisions of section 39 and 40 of the Employees State Insurance Act, 1948 (for short the "E.S.I. Act") read with Regulation 31 of the E.S.I. (General) Regulations 1950. In the complainant it was further alleged that by non payment of the compensation, the respondent No.1 had committed an offence punishable under section 85 of the E.S.I. Act.