- (1.) THE application filed under Article 227 is directed against the judgment and order passed by the learned Judge of the Employees' insurance Court, Calcutta in connection with e. S. I. Case No. 51/1995.
(2.) THE applicant Employees' State insurance Corporation filed the application under Article 227 praying for an order to set aside the order passed by the said Court in refusing to direct recovery of interest from opposite Party for delay in payment of E. S. I. contribution.
(3.) THE main contention of the petitioner is that the Opposite Party, Jaiswal Rolling Mill is a factory, covered under the provisions of employees' State Insurance Act, 1948 (hereinafter called the Act) was issued notice for an amount of Rs. 43,540. 00 payable as employer's contribution for the period from january 1, 1986 to June 30, 1992. In the said notice dated December 14, 1993 (Annexure B), a sum of Rs. 14,717. 10 was also demanded being interest at the rate of 12% per annum for each day delay/default. The total amount claimed vide (Annexure B) was Rs. 58,257,10 being the principal amount of contribution as well as the amount of interest payable by the opposite Party. The Opposite Party failed to deposit either the principal amount or the amount of interest. The Opposite Party filed the application before the Learned Court below in terms of provision as prescribed under Section 75 (1) (g) of the Act praying for an order to set aside and to quash the notices dated September 15, 1993 and December 14, 1993.;