APNA SWEETS Vs. ESI CORPORATION

JUDGEMENT

(1.) Heard finally with consent.

(2.) Learned counsel appearing for the petitioner submits that since the petitioner has already deposited a sum of Rs.13 Lacs, therefore in terms of section 75(2-B) of the Act, the petitioner should be exempted from depositing the remaining amount and the order under challenge cannot be sustained.

(3.) As against this, learned counsel for respondent submits that disputed sum is Rs.10 Lacs and odd, therefore the Tribunal has rightly directed the petitioner to deposit 50% of the said amount. He further submits that notice dated 20.06.2014 only contains the calculation of amount upto the date of issuance of notice and subsequently the liability of the petitioner had increased and vide notice dated 16.5.2016 the petitioner was informed that after adjusting sum of Rs.13 Lacs already deposited, the balance amount was Rs.20,86,686/-, therefore he ought to have been directed to deposit 50% of the amount due and payable on the date of filing of the application before the Tribunal. He has also submitted that in the notice dated 16.5.2016, it was clearly revealed that amount payable was Rs.30,67,707/- plus interest amounting to Rs.3,18,979/- and the 50% of this amount has not been deposited by the petitioner.