The petitioner is a former president of the Kerala Cultural Organisation Board, which is a society registered under the Travancore Cochin Literary Scientific and Charitable Societies Act, 1955. This society is covered by the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, the "Act"). Consequent upon default of contributions, the employees' provident fund authority initiated criminal proceedings against the petitioner under Section 6C read with Sections 14(1A), 14(1B) and 14A of the Act. Exts.P4 to P34 are the complaints, altogether 30 complaints, filed by the enforcement officer before the Additional Chief Judicial Magistrate, Thiruvananthapuram, which are pending. These complaints are related to different periods of default.
W.P.(C).No.24433/2015 -:2:-
2. Admittedly, the petitioner has paid the amount demanded and covered by the above complaints. The petitioner now seeks to quash the entire proceedings before the Additional Chief Judicial Magistrate. The learned Standing Counsel for respondents 1 and 2 opposed the prayer and submits that merely because the petitioner has paid the amounts subsequently, he cannot be absolved from criminal prosecution.
3. However, having regard to the fact that the petitioner was the president of a society which cannot be treated like any other private entity and which is constituted for the benefit of the public in the field of cultural activities, a lenient view has to be taken in this matter. Therefore, the entire proceedings in Exts.P4 to P34 are quashed. The petitioner shall produce a copy of this judgment W.P.(C).No.24433/2015 -:3:- before the Additional Chief Judicial Magistrate, Thiruvananthapuram for compliance. Taking note of the nature of composition of the petitioner's society, the respondents shall also take a lenient view regarding waiver of interest from the petitioner.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms