BHAGIRATH KANORIA & ORS. ETC versus STATE OF M.P. & ORS. ETC.

BHAGIRATH KANORIA & ORS. ETC versus STATE OF M.P. & ORS. ETC.

Non-payment of the employer's contribution to the Provident Fund before the due date is a continuing offence. Therefore, the period of limitation under Section 468 of the Code of Criminal Procedure does not apply, and prosecution is not time barred, since Section 472 contemplates a fresh period of limitation for as long as the offence continues.

Parties
Appellants: Bhagirath Kanoria & Ors.; Respondents: State of Madhya Pradesh & Ors.; Intervener: Mrs. Urmila Sirur, S. N. Kohli, M. P. Jha; M. K. Rammurthy, Miss A. Vaiji; Appellants (in Other Appeals): S. Govind Swaminathan, S. K. Gambhir; Respondents (in Other Appeals): N. C. Taluqdar, Miss A. Subhashini
Jurisdiction
India
Judgment Date
24 August 1984
Procedural Posture
Criminal Appeals / Appeal by Special Leave Against Orders of the Madhya Pradesh High Court in Criminal Cases and Revisions
Outcome
Appeals dismissed
Legal Topics
Limitation for Prosecution, Employees' Provident Fund, Continuing Offence, Penal Consequences for Non Payment
Criminal Law Labour Law Limitation for Prosecution Employees' Provident Fund Continuing Offence Penal Consequences for Non Payment

Case Brief

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Parties

Bhagirath Kanoria & Ors.

Appellants

State of Madhya Pradesh & Ors.

Respondents

Mrs. Urmila Sirur, S. N. Kohli, M. P. Jha

Intervener

M. K. Rammurthy, Miss A. Vaiji

S. Govind Swaminathan, S. K. Gambhir

Appellants (in Other Appeals)

N. C. Taluqdar, Miss A. Subhashini

Respondents (in Other Appeals)

Procedural Posture

Criminal Appeals / Appeal by Special Leave Against Orders of the Madhya Pradesh High Court in Criminal Cases and Revisions

Legal Issues

  1. 1 Whether non-payment of employers' contribution to the Provident Fund before the due date is a continuing offence?
  2. 2 Whether the limitation prescribed in Section 468 of the Code of Criminal Procedure applies to such offences?

Ratio Decidendi

Non-payment of the employer's contribution to the Provident Fund before the due date is a continuing offence. Therefore, the period of limitation under Section 468 of the Code of Criminal Procedure does not apply, and prosecution is not time barred, since Section 472 contemplates a fresh period of limitation for as long as the offence continues.

Court Disposition

Appeals dismissed

Orders

  • The prosecutions will proceed and be disposed of expeditiously in accordance with law.
  • The learned Magistrate will dispose of all points together, not treating any point as preliminary.