Prabir Kumar Majumdar, J. - (1.) The petitioner has a factory at Raja Bagan Dock Yard, Garden Reach Road, Calcutta. It is claimed by the petitioner that the employees of the factory of the petitioner are "employees" within the meaning of Section 2(9) of the Employees' State Insurance Act, 1948 (hereinafter referred to as the said Act.).
(2.) The petitioner was faced with the demand by the respondent No. 1 the Employees' State Insurance Corporation to the tune of Rs. 1,54,233 in respect of overtime wages for the period from 27th January 1985 to 28th February, 1985 and also for the late payment and such demand was made by means of a certificate No. 132/EST/86-87 dated 26th November, 1986 received by the petitioner on 15th December, 1986 together with a copy of an application for recovery addressed to the Collector 24-Parganas by application No. C//INS-V/41.8939-71/CI/(94)/944 dated 14th August, 1986.
(3.) The grievance of the petitioner is that before making the application for recovery, no reasonable opportunity was afforded to the petitioner to make submission against the arbitrary imposition on account of overtime wages and as such the impugned imposition and the application for recovery was in gross violation of the principles of natural justice. It is also the contention of the petitioner that there is an error apparent on the face of the record inasmuch as the claim preferred is hypothetical as there are many employees drawing wages who are not covered under Section 2(9) of the said Act and no contribution is payable in respect of such workmen.;