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TMI Blog1969 (3) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... s sentenced to pay a fine of ₹ 30/- on each of the three counts of charge and in default to suffer a simple imprisonment for one week. 2. The prosecution case is that the petitioner is a Director of M/s. Bengal Steam Laundry Private Ltd. having its factory at 42C, Richi Road, Calcutta bearing a Code No. 41/3882. The principal employer of a factory is required to make special contribution in terms of the provision of Section 73-A of the Employees' State Insurance Act read with a Government Notification No. SS 121(60) dated 6-2-52 within 30 days of the expiry of a quarter and also to submit return in form (SC 2) under Section 73-E of the said Act read with notification No. RS-9/52B dated 16-2-52 within 45 days of the expiry of ea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a factory the owner, including the Managing Agent of such owner and also the Manager of the factory are included within the meaning of the word principal employer . The petitioner as a Director of the limited Company is the owner. Obviously, if there be several persons in the position of Directors all are liable for contravention of the provisions of the Act and Regulation. From the side of the defence a photostat copy of the registration of resolution and agreement of the M/s. Bengal Steam Laundry Private Ltd. were filed which clearly indicates that the petitioner was one of the Directors described as a Technical Director though Sri Bhupati Roy Choudhury, another Director, who also had been convicted was placed in charge of the managem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39 of the Act. The petitioner raised no such contention in the court below and no importance is to be given to the contention now raised in the scope of this revisional application. No doubt the principal employer of this factory did not pay the special contribution within 30 days from 30th June, 1966 and as such he is liable to be punished. It is also proved that no information and return in form No. SC 2 as prescribed under notification No. RS/9/52/A dated the 16th February, 1952 had been furnished within the prescribed time limit for 45 days from the end of the quarter. Under Section 73-E of the Act the Corporation is authorised to require any principal employer to submit returns and informations in the prescribed form within a time lim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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