- (1.) THIS C.M.P., has been filed for modification of the order dated 04/11/2009, passed in M.A. No. 142/2005, by extending the time to deposit the amount.
(2.) IT was submitted that as the proprietor of the appellant was under going treatment in Vellore, he could not comply with the said order within time. It is further submitted that the petitioner/appellant is ready to comply with any terms and conditions, which may be imposed on it for extension of time. On the last occasion, i.e. on 15/06/2012, this Court ordered that the counsel for ESIC will inform this Court as to why no steps were taken against the petitioner/appellant after the time to comply the said orer expired. Mr. Rajan Raj, learned counsel appearing for the ESIC submitted that there was some delay in taking the steps but that were taken and prohibitory orders were issued to the banks, with whom the petitioner/appellant is operating but it was found there were insufficient balance in those accounts. He orally submitted that the district administration did not cooperate in attaching the properties of the petitioner/appellant. He further submitted that the proprietor of the petitioner/appellant might be undergoing treatment but it establishment was running without any difficulties. He lastly, submitted that if the petitioner/appellant seeks extension, it should be directed to deposit 50% of the total amount with interest till today.
(3.) MR. Ajit Kumar, learned counsel appearing for the petitioner/ appellant did not object to such submissions. In the facts and circumstances of the case, para5 of the said order dated 04/11/2009 is modified and substituted as follows: " In the result, the impugned order is set aside. The matter is remitted to E.S.I. Court for hearing the parties on merits provided the appellant deposits 50 per cent of the amount due from the appellant as claimed, i.e. Rs. 1,16,402.00 + Rs. 51,227.00 up to the date of order + 15 percent interest from 1.2.1999 till 30.5.2012. The calculation of such amount will be informed by the ESI Department to the petitioner/ appellant within two weeks from today. Within four weeks thereafter, the petitioner/appellant will deposit such amount in ESI Court, failing which ESI Case No. 9 of 2002 shall stands dismissed as not maintainable for non compliance of of Section 75 (2B) of the Act and the proceeding taken by ESI Department for noncompliance of the said order dated 04/11/2009 shall continue. In other words, ESI Court is not required to take the proceeding a fresh against the petitioner/appellant and in that event the District Administration must cooperate the ESI Court. If the petitioner/appellant deposits such amount, it will appear at 11.00 A.M. On 4th August 2012 before ESI Court when the next date(s) will be fixed by the ESI Court. The petitioner/appellant is further directed to cooperate and the said Court is directed to pass final order as early as possible and preferably within three months from such appearance of the petitioner/appellant." ;