MIR DARA SHEKO, J. - (1.) The application under Article 227 of the Constitution of India has been filed assailing order dated 26th April, 2016 passed by learned Employees' Insurance Court West Bengal at Calcutta (hereafter to be called on only as the E.S.I. court) in Tender Case No. 39 of 2015, rejecting the prayer of the petitioner as was prayed for in the application to direct the authorities of the Employees' Insurance Corporation, shortly to be called on hereafter only as the E.S.I.C to appear in person with show cause as to why they would not be punished for violating order dated 22.05.2015 in the matter of refunding the amount of Rs. 6,70,000/- passed by the court.
(2.) The given fact reveals that the petitioner has the business of supplying private security personnel in different district under licence no. 033/WB/PSA/2013 dated 26th April, 2013 with reference to its allotted code. The petitioner contended that despite continuation of deposit of contributions as per the code number so allotted by the E.S.I.C. but the petitioner got a notice dated 13th March, 2015 with a demand of Rs. 7,12,506/- for which certificate proceeding was initiated alleging that the contributions for its employees from April, 2010 to March, 2014 was not deposited. The petitioner in denying the text of the letter dated 16th February, 2015 of E.S.I.C authority as regard instruction to deposit the contribution under a different changed code, asserted in a letter dated 23rd February, 2015 that the petitioner did never apply for change in the code number of their business, and thereby the petitioner disowned liability in making payment of said amount.
(3.) Over such demand and dispute two proceedings were instituted earlier in this court at the instance of the petitioner vide W.P. 7427(w) of 2015 and C.O. 2665 of 2015. The first writ was disposed of on 6th April, 2015with following directions :- "In order to give the writ petitioner a chance to approach the Authorities under the E.S.I Act, 1948, I only order that the account will continue to be frozen but the moneys lying therein will not be debited out of the account in favour of the E.S.I Authorities till 27th April, 2015." The C.O 2665 of 2015 (supra) in terms of order dated 5th May, 2015 passed by learned ESI Court in the same Tender Case No. 39 of 2015 was disposed of on 8th March, 2016 with the following direction :- "The employees' State Insurance Corporation is directed to decide the matter on remand after giving a reasonable opportunity of hearing to the petitioners and after taking into consideration of the letter dated 23rd February, 2015. Under such circumstances, this Court finds no reason to interfere with the impugned order. The petitioners are directed to comply with the order dated 5th May, 2015 passed by the learned Judge, Employees' Insurance Court, West Bengal, Kolkata." The Operative part of the order dated 5th May, 2015 passed by learned ESI Court in disposing of said Tender Case No. 39/2015 is set out:- "That the Tender Case No. 39/15 is disposed of contest but without cost with a direction upon OP/ESIC to inspect the applicant company regarding change of name and code number and considering letter at dated 23.2.15 and thereafter decide the point of contribution afresh in accordance with law. The OP/ESIC must serve notice upon the applicant. The notice dated 03.2.15 in Form C-19 vide annexure-'D' and Garnishee order dated 10.3.15 vide annexure 'F' to the main application are hereby set aside. The attachment amount of Rs. 6,70,000/- is hereby released. The applicant has liberty to withdraw said amount. The Bank Manager is directed not to wait the order of recovery officer to release the holding amount. The ad interim order is hereby vacated." ;