The appellant -
Regional Director, E.S.I., Ahmedabad original complainant has filed these four Appeals under Section 378 of the Code of Criminal Procedure Code, 1973 praying for setting aside the judgment and orders dated 3.5.2003 passed by the learned Chief Judicial Magistrate, Bhavnagar in Criminal Case No.866 of 2003, Criminal Case No.863 of 2003, Criminal Case No.8103 of 2001 and Criminal Case No.8102 of 2001.
It is the case of the appellant - ori. complainant that opponent No.2 is hotel having E.S.I. Code No.37-2325-110 and is covered under the provisions of Employees' State Insurance Act. The accused - opponent Nos.2 to 4 have defaulted in depositing return for the period from April, 2000 to February, 2001 in accordance with the provisions of the E.S.I. Act and hence violated the provisions of E.S.I. Act.
Heard Mr.S.S.Gade, learned advocate for the appellant, Mr.H.L.Jani, learned APP for the opponent - State and Mr.Pankajbhai D. Varia, party-in-person, opponent No.3 himself and for opponent Nos.2 to 4.
Mr.Gade, learned advocate for the appellant submitted that looking to the provisions of Sections 85(a), 39 and 40 of the E.S.I. Act the order passed by the learned Chief Judicial Magistrate, Bhavnagar, is bad in law. He has submitted that looking to the order passed by the learned Judge in Lok Adalat, the same can be challenged before this Court. He has submitted that learned Judge has imposed lesser punishment to the original accused. He has submitted that in view of provisions of E.S.I. Act, the judgment and order passed by the learned Judge is required to be quashed and set aside.
Mr.Jani, learned APP has submitted that the matter decided by the learned Chief Judicial Magistrate cannot be challenged by way of Appeal or Revision before this Court. The said law is laid down by the Apex Court.
Mr.Pankajbhai D. Varia, opponent No.3, party-in-person, submitted that the punishment imposed by the learned Chief Judicial Magistrate on the accused - opponents is proper and accused have deposited amount with the Department of the complainant. He has, therefore, prayed not to interfere with the order passed by the learned Chief Judicial Magistrate. He has submitted that looking to the pendency of these appeals for long period the accused - opponents have suffered mental and physical agony, therefore, present Appeals are required to be dismissed.
Heard learned advocates for the respective parties and party-in-person. It appears from the order that the said order was passed by the Lok Adalat. I am of the opinion that when the order is passed by the Lok Adalat the said order cannot be challenged before any forum.
I find that the findings recorded by the learned Judge are absolutely just and proper and in recording the said findings, no illegality or infirmity has been committed by the learned Judge.
Hence, in view of the foregoing reasons, present appeals are dismissed. The judgment and orders dated 3.5.2003 passed by the learned Chief Judicial Magistrate, Bhavnagar, in Criminal Case No.866 of 2003, Criminal Case No.863 of 2003, Criminal Case No.8103 of 2001 and Criminal Case No.8102 of 2001 are hereby confirmed. Record and Proceedings, if any, be sent back to the trial Court concerned, forthwith.
(Z. K.
SAIYED, J.) kks Top