IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 CRL.A.No. 1206 of 2001 ------------------------ ST.3436/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... APPELLANT(S): -------------- THE ENFORCEMENT OFFICER, EMPLOYEES' PROVIDENT FUND ORGANISATION, ANNIE HOSPITAL ROAD, CALICUT. BY ADV. SRI.MATHEWS J.NEDUMPARA SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. RESPONDENT(S)/ACCUSED --------------- 1. NADUVATTOM GRAMEENA MANPATHRA VYVASAYA SAHAKARANA SANGHAM LTD, POST NADUVATTOM, KUTTIPURAM, MALAPPURAM, REP. BY ITS SECRETARY. 2. SHRI.O.A.SHIBU, SECRETARY, NADUVATTOM GRAMEENA MANPATHRA VYAVASAYA SAHAKARANA SANGHAM LTD, POST NADUVATTOM, KUTTIPPURAM, MALAPPURAM ADV. SRI.K.P.HARISH FOR R1 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A.1206/2001 -------------------- Dated this the 10th day of February, 2009 JUDGMENT The Enforcement Officer of the EPF Organization, who sought to prosecute the respondents for willful non payment of the contribution under the EPF Act, has come up in appeal after obtaining leave of this Court. S.T.No.3436/99 on the files of the Judicial Magistrate of First Class, Tirur, was registered against the accused for the offences punishable under Sections 14 (1A) and 14A of the EPF & MP Act read with Para 76D of the EPF scheme, 1952, on the ground that the Society had failed to pay the employees' and employers’ contribution for the period from July, 1998 to September, 1998. The Court below entered an order of acquittal, inter alia finding that the complainant has failed to prove that the first accused establishment, Co-operative Society, registered under the Co-operative Societies Act, will come within the purview of Section 16 of the EPF and MP act, 1952. Crl.A.1206/2001 2 2. A similar order of acquittal by the Court below was upheld by this Court in Crl.A.89/2002 on identical grounds. I am in respectful agreement with the reasoning adopted by the learned Judge of this Court upholding similar order of acquittal entered as regards the same establishment. It has to be found that only such Co-operative Societies, where the number of employees are more than 50 and which are aided by power, will come within the purview of the Act. Other Societies are exempted. No materials are placed on record to show that the first accused establishment is not exempted. 3. For all these reasons, I am of the view that the order of acquittal is perfectly justified. The appeal is bereft of merit and hence dismissed. V.GIRI, Judge mrcs