Asha Arora, J. - (1.) Affidavit in opposition filed by the petitioner be kept on record.
(2.) An order dated November 19, 2003 passed by the learned Judge, Employees' Insurance Court, West Bengal, Kolkata in Tender Case No.91 of 2003 ( ESI Case No.14 of 2004) has been assailed by the petitioner/Employees' State Insurance Corporation.
(3.) By the impugned order the learned Judge disposed of an application under Section 75(2B) of the Employees' State Insurance Act, 1948 (for short referred to as the ESI Act) along with an application for temporary injunction filed by the applicant (opposite party herein) which is quoted as follows: " The petition of the applicant under Section 75(2B) of the ESI Act and the petition for temporary injunction are taken up for hearing. The learned advocate for the O. P. verbally opposes the petitions. By the present petition the applicant has prayed for exemption from depositing 50% of the demanded sum of Rs.2,02,390/-. The applicant has filed the present case under section 75(1) (g) of the ESI Act. Now, the deposit of 50% of the demanded sum is a condition precedent in filing a case under section 75(1) (g) of the ESI Act. Proviso to section 75(2B) envisages that the court may waive or reduce the amount of deposit. The points raised in the main application are to be decided after evidences are adduced by the parties. But considering the facts and circumstances of the case and the materials on record, I direct the applicant to deposit a sum of Rs.20,000/- by 24.12.03 with the O.P.-E.S.I Corporation who shall hold the same in trust and the ultimate appropriation thereof shall abide by the final decision of the case. The main case will be registered thereafter. In default, the case shall be dismissed. As regards the petition for temporary injunction I am satisfied that a prima facie case has been made out. Moreover, the applicant will suffer much if the prayer for temporary injunction is refused. On the other hand, the opposite party will not suffer much if the said prayer is allowed. Considering the submissions made by the learned advocates of both sides and the prima facie case of the applicant as well as the balance of convenience and inconvenience and the irreparable loss the prayer for temporary injunction is allowed. The O.P-E.S.I Corporation, their men and agents are hereby restrained from realising the demanded sum on the strength of the impugned order under section 45A of the ESI Act being Annexure-A to the main application and the connected notice being Annexure-B to the main application till 24.12.03 for the present. To 24.12.03 for deposit and further order.";