The appellant has number companye up in these appeals against this decision of the High Court by special leave granted by this Court.
On this ground, the High Court upheld the orders of acquittal passed by the Magistrate.
145 to 156 of 1968.
This evidence would clearly show that a new establishment was set up by the N.S.S. Co operative Society after the purchase of the press by it from the previous owner and that there was numbercontinuity of the old establishment.
The respondent appealed to the High Court of Kerala.
On this view, the Magistrate acquitted the respondent in all the cases.
after the purchase of the Press, there was a closure.for a period.of about 3 months and a new business was started in June or July, 1961 when a new establishment was set up.
The case was that, since the Act became applicable w.e.f.
Appeals by special leave from the judgment and order dated September 6, 1967 of the Kerala High Court in Criminal Appeals Nos.
Until the purchase by the N.S.S. Co operative Society, the establishment was employing only 9 workmen but, after the N.S.S. Co operative Society started working the Press, the number of workmen increased beyond 20, so that the Act became applicable to this establishment.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
114 to 124 of 1967.
S. Nambiar, for the respondent in all the appeals .
H. Dhebar, Lily Thomas for S.P. Nayar, for the appellant in all the appeals .
12 for the same 12 quarters and 4 to send the initial return in Form 9 showing the particulars as on 30 4 1961 along with Form 2 in the manner specified in the Scheme.
The pay ment of the employers and employees companytribution to the Provident Fund, and the question of sending the various statements arose in respect of a Press which was purchased by the N.S.S. Co operative Society on the 21st March, 1961 from the Travancore Cochin Central Printing and Publishing Co operative Society, Ltd. According to the appellant, this establishment of the Printing Press had been set up in the year 1946 and it companytinued in existence even subsequently when, in March, 1961, the Press was purchased by the N.S.S. Co operative Society.
The Judgment of the Court was delivered by Bhargava, J. These twelve companynected appeals arose out of twelve prosecutions instituted by the .appellant, Provident Fund Inspector, Trivandrum, against the respondent, Secretary, N.S.S. Co operative Society, Changanacherry, for offences punishable under the Employees Provident Funds Act, 1952 hereinafter referred to as the Act on the ground of companytravention of the provisions of the Employees Provident Fund Scheme, 1952 hereinafter referred to as the Scheme .
The workmen employed by the previous owner were number taken over on their old companyditions of service.
Fresh appointments were made and all workers were newly recruited, though, at the time of this recruitment, some of the old employees were also taken in service.
