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2001 Supreme(Cal) 213

KALYAN JYOTI SENGUPTA
SARAT TEXTILES LTD – Appellant
Versus
JOINT REGIONAL DIRECTOR – Respondent


Advocates Appeared:
S.N.DEY, SUBOL MAITRA

K. J. SENGUPTA, J.

( 1 ) THE Rule has been issued in this matter. No opposition has been filed. Therefore the allegations contained in the writ petition are deemed to have been admitted. Mr. Moitra contends that his client does not wish to file opposition at this stage either.

( 2 ) THE short fact of the case is that on the allegation of failure to make payment of the contribution within the time an impugned notice was issued calling upon the petitioner as to why the damages on account of failure to make payment within the time should not be quantified and be not imposed. The petitioner was invited to make representation and to give answer to the said showcause notice which was done by the petitioner. However, the cause shown by the petitioner was not accepted and the concerned authority passed the impugned order imposing damages. The petitioner, of course, made an incompetent attempt to get the impugned order set aside by making a representation to the Director which in my view could not be entertainable after the final order was passed and the only remedy would have been in that case to prefer an appeal before the E. S. I. Court. However, admittedly such recourse has not been t



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