- (1.) Heard learned counsel for the petitioner as well as Sri Mayankar Singh, learned counsel for the opposite parties no. 2 and 3. Sri Savitra Vardhan Singh, learned counsel for the opposite party no. 1.
(2.) The petitioner by means of the instant petition assails the order dated 28.08.2019 passed in appeal under Section 45 (AA) of ESI Code No. 30000501230000999.
(3.) Learned counsel for the petitioner has submitted that initially an order was passed against the petitioner which was assailed by means of the writ petition No. 37140 (MS) of 2018. Since a non-speaking order was passed, accordingly, this Court looking into the serious lapses had disposed of the aforesaid writ petition with a direction that the matter shall be heard by the opposite party no. 2 and shall take a decision after affording an opportunity of hearing to parties. The relevant portion of the order is reproduced as under :- "Thereafter the opposite party no.2 shall proceed to decide the matter and if it is not possible to hear the matter on the said date he shall fix a short date, but, in any case the proceedings shall come to an end by the second week of March, 2019. The petitioner shall cooperate in the proceedings and shall not seek any adjournment. The amount, if, deposited by the petitioner as aforesaid shall be adjusted against the liability, if any, is found ultimately by the opposite party no.2 while concluding the proceedings. If no liability is found then the same shall be returned to the petitioner without any interest. It is made clear that if the aforesaid amount of Rs.3 lacs is not deposited by the petitioner within three weeks, then the benefit of this order shall be available to the petitioner and the petition shall be treated as dismissed. The petitioner shall not wait for any notice from opposite party no.2. He shall present himself personally and also if permissible through an Advocate on 16.01.2019 and thereafter shall continue to appear on his own on each and every date which shall be intimated to him in writing and an endorsement shall be taken on the order sheet." ;