( 1 ) THE instant application under Article 227 of the constitution of India preferred by the petitioners arises out of order No. 3 dated 22nd September, 2003 and order No. 4 dated 28th October, 2003 passed by the learned Judge, Employees' Insurance Court, West Bengal in Tender Case No. 80 of 2003.

( 2 ) THE Employees' State Insurance Corporation (hereinafter referred to as the Corporation) and its Recovery Officer being petitioner Nos. 1 and 2 respectively have filed the instant application under Article 227 of the constitution of India alleging inter alia that the opposite party, Birla corporation Ltd. , is a company registered under the Companies Act, 1956 having inter alia its manufacturing unit, namely Birlapur Service Division situated at birlapur, Dist. 24-Parganas (South) and is covered under the Employees' State insurance Act (hereinafter referred to as the Act ). The principal employers of the said company were/are liable to comply with the provisions of the Act and the regulations framed thereunder. It is the grievance of the petitioners that the principal employers of the opposite party had failed to pay the E. S. I, contributions towards overtime