Nitai Charan Kuity @ Nitai Kuity @ ... vs The State Of West Bengal & Anr
2023 Latest Caselaw 1666 Cal

14.03.2023 Ct. No.34 S/L No.14 KS

C.R.R. 1004 of 2021 Nitai Charan Kuity @ Nitai Kuity @ Netai Charan Kuity

-Vs.-

The State of West Bengal & Anr.

Mr. Suman De Mr. Abhinaba Mukherjee ..... For the Petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee .....For the State Mr. Debapriya Gupta .....For the Provident Fund

Learned advocate appears for the Provident Fund authorities and

relies upon a judgment reported in 2016 (5) CHN (CAL) 55 namely,

Tapan Kumar Rao, Proprietor of M/S Golpark Service Station Vs.

Employees State Insurance Corporation. Learned advocate submits that

mere payment do not exonerate a defaulter under the act from criminal

proceedings.

Mr. Banerjee, learned advocate appearing for the State has

submitted a report. The report be kept with the record.

Learned advocate appearing for the Provident Fund Authorities

has submitted a photostat copy of the report regarding receipt of the

fine of Rs.25,000/-. The police officer so engaged for the purpose of this

case and who sent a report to this Court would approach the Provident

Fund authorities by 20th March, 2023. The concerned officer or the

Regional Provident Fund Commissioner would cooperate with the

concerned police officer of Durgachak Police Station. A comprehensive

report be submitted by the officer of Durgachak Police Station regarding

the genuineness relating to the earlier payments/defaults relating to the

Provident Fund dues for which the case was initiated as also the fine

amount whether the cheque which was deposited as fine (pursuant to

the direction passed by this Court) has been encashed.

Let such report be prepared by both the parties and be submitted

on the next date fixed for hearing when the matter would appear under

the same heading on 22nd March, 2023.

All parties are directed to act on the server copy of this order

downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)