B.Bhattacharya, J. - (1.) This revisional application under Article 227 of the Constitution of India is at the instance of Employees' State Insurance Corporation and is directed against Order No. 3 dated March 10, 1998 and Order No. 8 dated April 2, 1998, passed by the learned Judge, Employees' Insurance Court, Calcutta, in Tender Case No. 7 of 1998. By the first order, the learned trial Judge entertained an application under Section 75(2B) of the Employees' State Insurance Act, 1948 (Act), filed by opposite parry 1 by directing opposite party 1 to deposit a sum of Rs. 15,499/-with the petitioner and restrained the petitioner from proceedings further or from giving effect to the disputed demand notice till the disposal of the aforesaid Tender Case No. 7 of 1998.
(2.) By second order, viz., Order No. 8 dated April 2, 1998, the learned trial Judge passed a direction upon the petitioner to show cause why action should not be taken against the petitioner for non-compliance of the previous order of the Court. By the said order, the petitioner was further directed to release the captive money withdrawn from the bank by the petitioner.
(3.) The only question that arises for determination in this revisional application under Article 227 of the Constitution of India is whether an Employees' Insurance Court can direct the Corporation to refund money determined under Section 45-A of the Act which has already been realised in accordance with the provision under Section 45 (1)(b) of the Act before final adjudication of the application under Section 75 of the Act.;