Gujarat High Court
Bharat Petroleum Corporation Limited ... vs State Of Gujarat & 2 on 6 October, 2009
CR.MA/11561/2009 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No. 11561 of 2009
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BHARAT PETROLEUM CORPORATION LIMITED (MANAGER) & 2
- Applicant(s)
Versus
STATE OF GUJARAT & 2 - Respondent(s)
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Appearance :
MR DG SHUKLA for Applicant(s) : 1 - 3.
MR LB DABHHI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) : 2 - 3.
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CORAM : HONOURABLE MS.JUSTICE H.N.DEVANI
Date : 06/10/2009
ORAL ORDER
1. Heard Mr.Dipak Shukla, learned advocate for the applicants.
2. Attention is invited to the judgement and order dated 7 th April 2006 passed by the Consumer Forum, Bhuj, whereby it has been specifically held that at the relevant time, since the respondent No.2 - complainant did not have any P.F. Account Number, the provident fund contribution was deposited in the P.F. Account No.GJ-2012. Subsequently, from the year 2002-03 onwards, the applicant was allotted P.F. No.GJ-41076/1, whereafter the provident fund contribution had been deposited in the said account. Attention is also invited to Annexure "B" to the application, wherein the workers have signed, acknowledging receipt of P.F. Slips, to point out that the CR.MA/11561/2009 2/2 ORDER complainant himself has endorsed that he has received the slips for the period indicated therein. It is, accordingly, submitted that the complaint has been lodged before the learned Magistrate suppressing the aforesaid facts and that, no offence as alleged can be said to have been made out against the applicants.
3. Having regard to the submissions advanced by the learned advocated for the applicants and considering the nature of the allegations made in the first information report in the context of the documents placed on record, Issue Notice returnable on 12th November, 2009. By way of ad-interim relief, further proceedings of Criminal Case No.3293 of 2008 pending in the Court of the learned Metropolitan Magistrate, Court No.16, Ahmedabad, are hereby stayed qua the present applicants.
Mr.L.B.Dabhi, learned Additional Public Prosecutor waives service of notice on behalf of the respondent No.1 - State of Gujarat.
[HARSHA DEVANI, J.] parmar*