1969 (3) TMI 103 - HC - Indian Laws

Summary

Issues:
Conviction under Section 85(a) read with Section 73-A of the Employees' State Insurance Act, Section 85(g) read with Section 73-E of the Act, and Section 85(g) read with Regulation 26 of the Employees' State Insurance (General) Regulation, 1950.

Detailed Analysis:

1. Conviction under Section 85(a) read with Section 73-A of the Employees' State Insurance Act:
The petitioner, a Director of a company, was convicted for failing to make special contributions as required by Section 73-A of the Act within the specified time frame. The prosecution established that the petitioner, as a Director, was liable for contraventions of the Act regardless of his specific role in the company's management. The court found the petitioner's presence during an inspection and submission of required forms as evidence of his liability under the Act. The judgment upheld the conviction and fine imposed under this section.

2. Conviction under Section 85(g) read with Section 73-E of the Employees' State Insurance Act:
The petitioner was also convicted for failing to submit returns in the prescribed form within the specified timeframe under Section 73-E of the Act. The court emphasized that the obligation to submit returns was mandatory, regardless of whether there was a termination of contributions. The judgment noted that failure to submit the required return constituted an offense, even if there was no actual termination of contributions. The court upheld the conviction and fine imposed under this section.

3. Conviction under Section 85(g) read with Regulation 26 of the Employees' State Insurance (General) Regulation, 1950:
The petitioner was convicted under Regulation 26 for failing to submit a return in duplicate in form No. 6 within the specified time frame. The court clarified that the submission of this return was necessary to indicate any termination of contributions, and failure to do so constituted a technical offense. The judgment highlighted that even in cases where there was no termination of contributions, the prescribed return must be submitted. The court upheld the conviction and fine imposed under this section.

In conclusion, the judgment maintained the conviction and fines imposed on the petitioner under all three counts of charge. The court found no reason to interfere with the conviction and maintained the sentences under the relevant sections of the Employees' State Insurance Act. The Rule was discharged, with a reduction in sentence under Section 85(g) read with Regulation 26 of the Employees' State Insurance (General) Regulation, 1950.