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Judgment
A.N. Venugopala Gowda
Heard learned advocates appearing on both sides and perused the record. By an order bearing No. KN/PF/ENF-CIR-I/BD-IV/KN/25008/197/2004 dated 19.05.2004, the Assistant Provident Fund Commissioner, Bangalore, determined the contributions payable by the 1st petitioner. Respondent filed complaints alleging that the petitioners - accused have committed the offences punishable under paragraph 76(d) of the EPF Scheme, 1952 read with Ss. 14(1A) and 14A of the EPF & Miscellaneous Provisions Act, 1952. The complaints were filed for not remitting the amount of Rs. 10,80,929/- as per the findings in the aforesaid order dated 19.05.2004. In all, 42 complaints were filed in the Spl. Court for Economic Offences, Bangalore. After trial, in all the cases, by separate Judgments and Orders, accused were found guilty. In each of the cases, accused No. 2 was sentenced to undergo S.I. for 6 months and pay fine of Rs. 5,000/-, In default, to undergo S.I. for a further period of 3 months. Out of the fine amount realised, 50% was ordered to be paid to the complainant as compensation. Accused were directed to pay the contributions within one month. No separate sentence was passed against A1 -Establishment.
Judgment/s of conviction and Order/s of sentence were assailed by filing criminal appeals. The appeal/s having been dismissed, these criminal revision petition have been filed.
Indisputedly, petitioners assailed the order bearing No. KN/PF/ENF-CIR-I/BD-IV/KN/25008/197/2004 dated 19.05.2004 in appeal No. ATA 441(6) / 2004 before the Employees Provident Fund Appellate Tribunal at New Delhi. The appeal having been dismissed, the petitioners filed writ petition, which was allowed and the Appellate Tribunal has been directed to decide the appeal in accordance with law. The matter is stated to be pending before the Appellate Tribunal.
The petitioners have remitted the fine amount of Rs. 5,000/-, in each of the cases. Petitioners had filed Criminal Revision Petition No. 1201/2009 and connected cases, assailing the Judgment/s of conviction and Order/s of sentence passed by the Trial Court and affirmed by the Appellate Court. The said revision petitions were disposed of by a common order dated 11.02.2010, which has attained finality.
Petitioners herein have remitted Rs. 5,00,000/-by way of a Demand Draft dated 04.10.2012, i.e., being part of the amount of contribution/s determined in the order dated 19.05.2004. The petitioners have undertaken to remit the balance contribution amount payable as per the said order, within eight weeks'' period, without prejudice to their right and subject to the final outcome of the proceeding pending before the Appellate Tribunal in ATA 441(6)/2004. A memo was filed by the petitioners through their advocate on 05.10.2012 to the said effect. Keeping in view the Order passed on 11.02.2010 in Crl. R.P. No. 1201/2009 and connected cases and the fact that the petitioners have remitted the fine amount as ordered by the learned Magistrate and have also remitted Rs. 5,00,000/- by way of a Demand Draft dated 04.10.2012 and have undertaken to remit the balance amount of Rs. 5,80,929/- within eight weeks'' period, these petitions are disposed of for the present as follows:
(i) Subject to the result of pending appeal, the petitioners are granted two months time to deposit before RPFC the balance amount of contribution determined as per order dated 19.5.2004.
(ii) In case the appeal pending before the Appellate Tribunal is decided within the time allowed herein and if the appellants i.e., the petitioners were to succeed in the appeal, their liability to remit or otherwise of the contributions shall be in accordance with the final decision of the Appellate Tribunal.
The respondent not to seek enforcement of the impugned Judgments/orders for a period of two months.
The bail bonds and surety bonds shall stand cancelled if the balance amount of contribution is not remitted within a period of two months from today and the 2nd petitioner shall surrender before the Trial Court.