- (1.) THE present application has been made for review of the judgment and order dated 22nd March, 2002 passed by a Division Bench of this Court to which one of us (Samaresh Banerjea, J.) was a party.
(2.) AFTER going through the application and hearing the learned advocates appearing for the parties we are of the view that this application must be allowed. The appeal was preferred by the Employees ' State Insurance Corporation against the judgment and order dated 24th March, 1986 passed, by the learned Judge, Employees Insurance Court, West Bengal in case No.69/1983 allowing the application of the respondent M/s. Braithwaite and Co. Ltd. under Section 75(1)(G) of the Employees ' State Insurance Act and directing refund of the amount of damages already deposited being sum of Rs. 67,552.00 after holding that show cause notice in question so far as it relates to the pre -amendment contribution period and the correspondence levy order are invalid. Mr. Moitra, learned advocate appearing for the applicant submits, inter alia, that it will appear from the impugned judgment and order itself that although when the Court after considering all aspects of the matter giving elaborate reasons has held in favour of the appellant on all the issues and also observed that the appeal is liable to be allowed but in the ordering portion inadvertently it has been recorded that the appeal is dismissed - Although it should have recorded that the appeal is allowed. It has also been submitted that in the last paragraph of page 12 of the judgment (second line) inadvertently the word appellant is used instead and place of respondents.
(3.) MR . Moitra has drawn our attention to the various paragraphs of the judgment to show that by considering different issues the Court always held in favour of the appellant.;