- (1.) Heard the learned Counsel for petitioner and learned Counsel for the respondents.
(2.) It appears by the impugned order dated 26.2.2008 passed in E.S.I. Case No. 05 of 2005 that the Labour Court, Deoghar, in an appeal filed by the petitioner- company dated 29.11.2005 challenging the order of the Employee State Insurance demanding payment of Rs. 6,41,177/- and prayer that application may be admitted without payment of half of the amount as per the provisions of the act, followed the provisions of Sub-Section 2-B of Section 75 of the Employees State Insurance Coporation Act(E.S.I.C.) Act and directed the petitioner to deposit Rs. 3,20,589/- and rejected the petition dated 29.11.2005.
(3.) Learned Counsel for petitioner submits that he has raised the dispute that there is no hospital near about his industries and worker has to go 6/7 km away to Jasidih which is the nearest ESIC, Hospital, hence, his industry is not liable to pay such a huge amount and he had applied that appeal will be admitted without depositing of 50% of the demanded amount. He has further contended that as per Section 75(2) B of the ESIC act "the court may for reasons to be recorded in writing, waive or reduce the amount to be deposited under this Sub-section", as such the impugned order is bad in law and fit to be set aside.;