- (1.) These three applications are directed against the orders dated March 27, 2009, August 19, 2009 and March 27, 2009 passed by the learned Judge, Employees Insurance Court, Calcutta, West Bengal in T.C. (Tender Case) No.23 of 2009, T.C. (Tender Case) No.31 of 2009 and T.C. (Tender Case) No.21 of 2009 respectively. Since the common question is involved in the three matters, the said three applications are disposed of by this common judgment.
(2.) For convenience, the fact of the case being C.O. No.1649 of 2010 is stated below in short. C.O. No.1649 of 2010:-
(3.) The opposite party filed an application under Section 75(1)(c) of the Employees State Insurance Act, 1948 and in that application he filed an application for temporary injunction and another application under Section 75(2B) of the said Act before the Employees Insurance Court, Calcutta, West Bengal. The opposite party challenged therein the order passed under Section 45A of the E.S.I. Act, 1948 whereby an amount of Rs.32,30,256/- only as contribution for the period of 4/92 to 3/97 was worked out. The said amount had been finally determined by the Authorised Officer under the said Act. The opposite party did not challenge the said order before the Employees Insurance Court after receipt of the order. Thereafter, for non-payment of the said contribution, the Authorised Officer issued a requisition notice on February 18, 2009 for initiating recovery action by the Recovery Officer for recovery of the said amount along with interest. The opposite party did not raise any dispute till then. Thereafter, the Recovery Officer initiated steps for recovery of the amount mentioned in the notice dated February 18, 2009. Then, the case being T.C. (Tender Case) No.23 of 2009 was initiated challenging the notice, order under Section 45A of the E.S.I. Act and the requisition notice dated February 18, 2009.;