THE REGIONAL DIRECTOR, ESI CORPORATION, 143 STERLING ROAD, NUNGAMBAKKAM, CHENNAI AND OTHERS Vs. SUN GLOBAL LOGISTICS PVT. LTD.

JUDGEMENT

(1.) The Employees' State Insurance Corporation has filed the above appeal challenging the order passed in I.A. No. 237 of 2012 in E.I.O.P. No. 66 of 2012 on the file of the Employees' State Insurance Court, Principal Labour Court, Chennai.

(2.) The 1st respondent filed a petition in I.A. No. 237 of 2012 in E.I.O.P. No. 66 of 2012 to direct the 3rd respondent to re-transfer the balance amount of Rs. 57,089/- to the petitioner's account, after adjusting both the deposit amounts of Rs. 16,739/- and Rs. 644/-, totalling Rs. 17,383/-.

(3.) It is the case of the 1st respondent that they filed E.I.O.P. No. 66 of 2012. Challenging the order dated 21.05.2012 passed under Section 45-A of the Employees' State Insurance Act determining the contribution of Rs. 66,955/- for the period from 04/2007 to 03/2011 and another order dated 21.05.2012 passed under Section 45-A of the Employees' State Insurance Act determining contribution of Rs. 2,574/- of the period 2009-10. The Employees' State Insurance Court, Principal Labour Court, Chennai granted an order of interim stay and directed the 1st respondent to deposit 25% of the disputed amount on or before 18.10.2012 and posted the matter on 19.10.2012. Before communicating the order to the petitioner, the appellant Corporation issued a notice to the Banker under Section 45-G of the Act on 12.09.2012 and the Banker has transferred an amount of Rs. 74,472/- to them, when actually 25% of the amount, which comes to Rs. 17,383/-, only was to be transferred. The appellant Corporation had attached the entire contribution amount mentioned in the two orders dated 21.05.2012. In these circumstances, the 1st respondent filed a petition to re-transfer a sum of Rs. 57,089/- to their account. The appellant Corporation contended that they have not received any orders from the Labour Court and therefore, the contribution amount transferred to their account is just and legal. The Labour Court, taking into consideration the case of both parties, allowed the application and directed the Corporation to pay Rs. 57,089/- from the attached amount of Rs. 74,472/- to the petitioner, after adjusting the pre-deposit amount of Rs. 17,383/-. Challenging this order, the Corporation has filed the above appeal.