Under these provisions he was required to submit within 15 days of the close of the month a return of the employees qualified to become members of the Fund for the first time during the preceeding month together with a declaration of such qualifying employees and to pay to each member his wages in respect of any period or part of the period for which companytributions were payable after deducting the employees companytribution from his wages which together with his own companytribution as well as an administrativecharge were to be paid to a Fund established under the Scheme.
The Employees Provident Fund Act became law on March 4, 1952 and the scheme was published on September 2, 1952.
His further defence was that the three establishments formed different units and that 20 persons were number employed in any one of these places and that even if the three establishments companyld be deemed to be a single establishment the number of employees reached the figure which the Act puts down as the minimum after Hotel Brinda was opened in January 1959 and he was entitled to an exemption under the Act for a further period of five years from January 15, 1959.
Complaints were filed against him by the Provident Fund Inspector, Trichur on December 16, 1962, alleging that he had companytravened paragraphs 36 2 a and b and 38 of the Scheme.
Appeals by special leave from the judgment and order dated January 11, 1965 of the Kerala High Court in criminal Revision Petition No.
His pleas were number accepted by the High Court and the Magistrate and he has raised some of the companytentions before us.
He was also required to forward to the Commis sioner within 15 days of the close of the month a companysolidated statement.
He had a third establishment which went under the name of Anand Bhavan started on September 15, 1948 but it was sold by him in April, 1962.
90, 107 and 108 of 1964.
Ananda Bhavan Boarding Lodging was started by him on December 6, 1949 and Hotel Brinda on January 15, 1959.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
The appellant companytended that two employees were working in the Ananda Bhavan Lodging and I I members in the Hotel Brinda.
R. L. Iyengar and A. G. Ratnaparkhi, for the appellant in all the appeals H. Dhebar, for the respondent in all the appeals .
He claimed exemption for five years under the Act.
The Judgment of the Court was delivered by Hidayatullah, J. The appellant is the proprietor of two establishments called Ananda Bhavan Boarding Lodging and Hotel Brinda Palghat.
He was companyvicted by the Special 1st Class Magistrate, Kozhikode on three companynts under paragraphs 76 c and e of the Employees Provident Fund Scheme 1952 read with s. 14 of the Employees Provident Funds Act, 1952 for having failed to submit the returns, statements and other documents required by the Scheme in respect of three quarters July to September, 1961, October to December, 1961 and January to March, 1962.
25 on each companynt.
94 of 1965.
He was fined Rs.
He has number filed these appeals by special leave of this Court.
