LAWS(CAL)-2023-10-58

SHYAMAL BANERJEE Vs. STATE OF WEST BENGAL

Decided On October 03, 2023
Shyamal Banerjee Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The petitioner claims to be a proprietor of a business run under the name and style of M/s Textile Consumer Society. The aforesaid establishment of the petitioner is registered under the Shop and Establishment Act, 1963. It is the petitioner's case that although, the petitioner had started his business in the year 1995 with 3 employees, by the passage of time the same had doubled. According to the petitioner, sometimes in January, 2012 the petitioner had received a letter issued by the respondent no.4, whereby, the petitioner's bank accounts maintained with ICICI Bank and Axis Bank were attached on the basis of two several orders of attachment both, dtd. 18/1/2012. Challenging the aforesaid orders of attachment, a writ petition was filed before this Hon'ble Court, which was registered as WP 4779 (W) of 2012.

(2.) By an order dtd. 19/9/2012 a Co-ordinate Bench of this Hon'ble Court was, inter alia, pleased to grant liberty to the petitioner to file an appeal within the meaning of Sec. 45AA of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'said Act') against the order dtd. 20/6/2011 passed by the Deputy Director of the respondents under Sec. 45 A of the said Act.

(3.) At the instance of the petitioner and on the basis of an application for modification, which was registered as CAN 1661 of 2013, the Co-ordinate Bench of this Hon'ble Court by an order dtd. 13/8/2013 was, inter alia, pleased to modify the order dtd. 19/9/2012, thereby, granting liberty to the petitioner to agitate all issues before appropriate forum.