ORISSA OLYMPIC ASSOCIATION Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD S. Mishra, learned counsel for the petitioner-Orissa Olympic Association and p. P. Ray, learned counsel for Employees' State insurance Corporation.

(2.) THE learned counsel for the petitioner submits that petitioner-Association is a registered society in the name and style Orissa olympic Association. This writ petition has been riled, inter alia, challenging Annexure-4, which is an intimation initiating a certificate proceeding. Further prayer of the petitioner is for a direction to the State to consider its application for granting exemption from the purview of the coverage of the Employees' state Insurance Act, 1948 (hereinafter referred to as the "act" ). Application for the said purpose has been submitted by the petitioner since February, 2005.

(3.) LEARNED counsel for the petitioner further submits that the impugned certificate proceeding under Annexure-4 is without jurisdiction, inasmuch as, no certificate proceeding should have been initiated without first determining the contribution required to be deposited in terms of Section 45-A of the Act. He further submits that although a proceeding under Section 45-A of the Act has been initiated, no final order has yet been passed and therefore, without first determining the contribution required to be deposited as required under Section 45-A of the Act, no certificate proceeding to enforce any demand could have been initiated.