- (1.) This application is at the instance of the Employees' State Insurance Corporation and is directed against the Order passed on January 24, 2012 by the learned Judge, Employees' Insurance Court in connection with Tender Case No.131 of 2011 thereby disposing of an application dated January 13, 2012 filed by the opposite party.
(2.) Short fact necessary for the purpose of disposal of this application is that in a proceeding under Section 45A of the Employees' State Insurance Act, 1948, on June 1, 2011, the principal employer was directed to deposit a contribution of RS.1,57,658/-. That amount was not deposited by the principal employer/opposite party herein and as such, appropriate steps for recovery were taken by the Recovery Officer for a sum of Rs.1,99,197/- towards contribution, interests and other costs.
(3.) Subsequently, an order of attachment was issued upon the bank of the principal employer on October 19, 2011 and in consequence, attachment was done. The applicant/opposite party herein filed an appeal under Section 45AA of the ESI Act and it deposited 25 per cent of the claim amount as per provision of appeal envisaged in Section 45AA of the Act. Ultimately, the Appellate Authority rejected the said appeal holding that the appeal was time barred. Then, the Tender Case No.131 of 2011 was filed by the principal employer/applicant herein. That Tender Case was disposed of directing that the said appeal shall be heard under Section 45AA of the ESI Act upon deposit of costs of Rs.5,000/-. The order of attachment was set aside.;