Delhi High Court
Hem Chand And Ors. vs State & Ors. on 13 July, 2015
Author: Suresh Kait
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 13th July, 2015
+ CRL.M.C. 1790/2011
HEM CHAND AND ORS. ..... Petitioners
Represented by: Mr. S.D. Tiwari, Adv.
versus
STATE & ORS. ..... Respondents
Represented by: Mr. Neeraj Kr. Singh,
APP for State.
Mr. S.C. Bhuttan and Mr. Himanshu
Bhuttan, Advs. for R2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
+ CRL.M.C. 1790/2011
1. Vide the present petition, petitioners seek directions thereby
setting aside the order dated 18.05.2010 passed by ld. ACMM
(West), Tis Hazari Courts, Delhi in case FIR NO. 486/2006
registered at PS-Janak Puri for the offences punishable under
Sections 406/420 IPC and order dated 10.01.2011 passed by ld.
ASJ-II (West), Tis Hazari Courts, Delhi whereby ld. Court was
pleased to dismiss the Revision of the petitioners.
2. Vide order dated 18.05.2010, it was recorded that the
complainant Ravinder Kumar, who was the General Secretary of
the Union has compromised the matter with the accused persons
and thereafter filed a Cancellation Report stating therein that no
purpose would be served to direct the accused persons to face the
trial.
3. The Complainant, who was the informant of the FIR
mentioned above was present in the Court and himself stated that
the matter already stands settled and he has no grievance against
any of the accused persons. Therefore, ld. ACMM accepted the
Cancellation Report filed by the IO.
4. Being aggrieved, the petitioners challenged the same by
filing a Crl. Rev. vide no. 77/2/10 and the same was dismissed vide
order dated 10.01.2011.
5. It is admitted fact that Complainant Ravinder Kumar was the
General Secretary of the Mata Chanan Devi Hospital Workers'
Union and there are 107 members in total. Complainant filed a
complaint on behalf of all the members against the Management of
the said Hospital / respondent, which was culminated into FIR
mentioned above. The police investigated the case and filed the
Rejection Report and the same was accepted by the ld. ACMM vide
order dated 18.05.2010. Moreover, in status report filed before this
court, which is at Page 229 of the Paper Book, it is stated that prior
to the lodging of the FIR mentioned above, the Complainant raised
an Industrial Dispute against the Management of the aforesaid
Hospital with respect to Workers and also against accused Ashok
Kumar Bhola. On 20.07.2006, the Industrial Tribunal passed an
award and exonerated the accused Ashok Kumar Bhola from any
liability.
6. The Management of the Hospital challenged the said award
before this Court in Civil Writ Petition no. 16289/2006, wherein
Ashok Kumar Bhola and the complainant were made as a party and
this Court vide order dated 07.11.2008 disposed of the said Petition
for the reason that the Hospital Management and the Union of
Workers settled all the disputes. Thus, as per the said order, no
dispute is left between the complainant and the Hospital
Management.
7. It is further stated that when the PF Department noticed an
embezzlement of the provident fund of the workers of the Company
of Ashok Kumar Bhola, i.e., M/s. Krishna House Keeping that it
has not deposited the provident fund of the workers for which FIR
was registered, they initiated an enquiry against Ashok Kumar
Bhola and inspected the records of the said Company.
8. During the course of investigation, the EPF Department was
contacted, who informed that the Department has appointed a team
of three Enforcement Officers of EPF organisation on 20.07.2006,
who has conducted an enquiry for the provident fund against the
Company of Ashok Kumar Bhola mentioned above for the said
period and until 2006 under the Employees Provident Fund. It is
further stated that M/s. Krishna House Keeping Service is covered
under Employees Provident Fund and Miscellaneous Provisions
Act, 1952 vide Code NO. DL/16233 w.e.f 01.08.1994. The
establishment since been inspected from time to time, i.e., on
05.03.1999 by late Sh. Ponj Bhan, Enforcement Officer, for the
period December-1997 to February-1999 on 19.07.2004 by Sh. S.C.
Meena, Enforcement Officer for the period March, 1999 to 2004
and on 19.07.2006 by the SHO, PS-Janak Puri for the period July,
2004 to June, 2006.
9. As regards the verification of records of Mata Chanan Devi
Hospital, the Hospital is covered under a Act, which falls under
jurisdiction of other Office and the case against Hospital is in
progress under Section 7A of the Employees Provident Fund, 1952,
which is being heard by the Assistant PF Commissioner.
10. Keeping in view the reports, evidences / facts on record and
the detailed investigation conducted so far, the allegations made on
FIR mentioned above could not be proved, therefore, the Police
filed the Cancellation Report. Besides, both the parties have
compromised the dispute and order dated 07.11.2008 passed by this
Court reiterates that the matter has been amicably settled between
the parties.
11. The petitioners are claiming to be member of the Union.
There are admittedly 107 total member of the said Union. When all
the members of the Union settled, only thereafter, the complainant
Ravinder Kumar made a statement before the Police as well as
before this Court. Therefore, the Court has accepted the
cancellation report. The petitioners submit that they were not taken
into confidence. The respondent / Management and the complainant
Ravinder Kumar hatched a conspiracy and withdrew the case to
which the petitioners are aggrieved. This fact cannot be believed
for the reason that the said Hospital paid the PF amount to the
concerned Department as is evident from the status report and all
members are satisfied with the settlement arrived at between the
parties. Moreover, the petitioners were not the informant of the
FIR mentioned above
12. In view of above, I find no illegality or perversity in the order
dated 10.01.2011 passed in the Revision Petition.
13. Accordingly, the petition is dismissed.
Crl. M.A. 12233/2014
Dismissed as infructuous.
SURESH KAIT, J
JULY 13, 2015
jg
