- (1.) THIS petition under Article 227 of the Constitution of India is directed against the order of the Employees' Insurance Court, Chandigarh, declining ad interim injunction in favour of the petitioner.
(2.) THE petitioner has filed a petition under Section 75 of the Employees' State Insurance, Act, 1948, to the effect that the impugned orders dated November 13/16, 1987 declaring the petitioner's factory to be covered under the purview of Section 2 (12)1 (5) of the Act, w. e. f. October 26, 1985 etc. are illegal, null and void and without jurisdiction, whereby, the amount of Rs. 22079/- is being Harmon and Sons vs. Regional Director, E. S. I. Corporation and Ors. (07. 12. 1990 - PHHC) Page 2 of 2 gional Director, E. S. I. Corporation and Ors. (07. 12. 1990 - PHHC) Page 2 of 2 recovered from him. Along with the petition he also moved an application for ad interim injunction, which has been declined by the Employees' Insurance Court, vide its order dated November 29, 1989, on the ground that there was no force in the application wherein a temporary stay for the realisation of the amount in question has been sought.
(3.) THE learned counsel for the respondents submitted that it is the requirement of the Statute that unless fifty per cent of the amount claimed is not deposited, the petition as such is not maintainable. The relevant provisions of Section 2-B inserted by Act No. 29 of 1989 read as under: "2-B No matter which is in dispute between a principal employer and the Corporation in respect of any contribution or any other dues shall be raised by the principal employer in the Employees' Insurance Court unless he has deposited with the Court fifty percent of the amount due from him claimed by the Corporation. Provided that the Court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-section. ";