ALOK KUMAR BASU, J. - (1.) In spite of service of notice, nobody appears to contest this application on behalf of the opposite party company. Heard the learned advocate for the petitioner-Employees' State Insurance Corporation, which shall be referred to hereinafter as Corporation, for the sake of brevity.
(2.) The Corporation has raised a question of law through this application filed under Article 227 of the Constitution of India, challenging the propriety of the order, dated September 9, 1997, passed by the learned Judge, Employees' Insurance Court, Calcutta in Case No. 126 of 1997, so far that order contained a direction for refund of the amount which was earlier realised by the Corporation through an execution proceeding against the defaulting opposite party-company.
(3.) Appearing for the petitioner, Sri Moitra, contends that there was a long background behind the present proceeding which arose out of an application filed by the opposite party-company under Section 75 of the Act to call in question legality and propriety of the demand notice issued on behalf of Corporation and also the subsequent execution proceeding taken out by the Corporation on the basis of that demand notice.;