KALIDAS MUKHERJEE, J. - (1.) THIS is an application for review of the Order dated 23rd November, 2006 whereby the prayer for stay of operation of the impugned judgment and order was refused and a direction was given for payment of instalments. By a separate application bearing CAN 9721 of 2010 prayer has been made for stay of the impugned demand and/or Certificate for recovery of Rs. 11,51,629/- and from restraining the respondents from taking any further step for execution of the purported Certificate and/or demand till the disposal of the review application.
(2.) IN 7A proceeding of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 the competent authority made an assessment which was challenged in the Writ Court bearing W.P. No. 10675(W) of 2002. The writ petition was dismissed. Being aggrieved the petitioners herein filed the appeal bearing No. MAT 3920 of 2006 and also filed an application for stay bearing CAN 8177 of 2006. On behalf of the petitioners it is submitted that there are some casual workers for which no contribution was payable and it is contended that a Special Officer should be appointed who will enquire about the existence of the casual workers and thereafter necessary order may be passed.
(3.) ON behalf of the Opposite Parties it is submitted that the Order for payment of instalment was made in the year 2006 and till today no payment has been made. It is further contended that there is no necessity of appointing any Special Officer. There was Arrear Dues of Rs. 11,51,629/- assessed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The contention as to the existence of casual workers was not accepted by the Writ Court.;