An FIR was lodged by PF Commissior on an employee of a BIFR company under BIFR (I was Chief Executive but not a board member ) The FIR was for default in payment of PF dues for period covering even that prior to my engagement. I was treated as "Occupier" in PF records. Police filed a case in 1998 and magistrate's court gives date after date on its own for last 13 years. I have not saught date even once. So far charge sheet has not been filed. (no case has been filed against any board member) I have retired in 1999 and am now 71 years old.
Questions are
1. Can dismissal of the case be saught on the grounds of delay in filing charge sheet?
2. Can dismissal of the case be saught on the grounds that an employee is not a board member and cannot be an "occupier"?
It may be mentioined that all dues have since been paid as directed by BIFR.
When I asked the advocate he suggests let it go on why wake the sleeping dog? Delay will be to your benefit eventually. But I have to travel 50 km to attend the court every three months or so.
Questions are
1. Can dismissal of the case be saught on the grounds of delay in filing charge sheet?
2. Can dismissal of the case be saught on the grounds that an employee is not a board member and cannot be an "occupier"?
It may be mentioined that all dues have since been paid as directed by BIFR.
When I asked the advocate he suggests let it go on why wake the sleeping dog? Delay will be to your benefit eventually. But I have to travel 50 km to attend the court every three months or so.