S. M. Subramaniam, J. - (1.) The order dated 29.02.2016 passed in E.S.I.O.P.No.1 of 2012 is under challenge in the present Civil Miscellaneous Appeal.
(2.) The Substantial question of law raised by the appellant reads as under: "(a) Is not the order passed by the Court below vitiated due to non application of mind, arbitrariness and illegalities? (b) When the materials on record clearly indicate that the appellant has not been given adequate notice for personal hearing and that the order under Section 45-A of E.S.I.Act has been passed by the respondent herein without giving any reasonable opportunity, is the Court below correct in law in dismissing the E.S.I.O.P instead of remanding the matter for fresh disposal?"
(3.) The question of law raised is relatable to the facts and this Court is of the considered opinion that the question of law deserves no further adjudication on the point of law as the factual matrix were elaborately considered by the Court with reference to the documents and evidences.;