1. The petitioner is a partnership firm consisting of professional Architects. Challenge in this Writ Petition is to an order made under section 45 (A) of the ESI Act, 1948 passed by the respondent by his proceedings No.TN/Ins-V/51-75324-101/737/02 dated 11.8.2003.

2. Earlier, similar order under section 45(A) of the ESI Act passed against the petitioner firm was challenged by the petitioner in W.P.No.34050 of 2002. The same was dismissed by a learned Single Judge of this court. Challenging the same, an Appeal was preferred in W.A.No.3664 of 2002. In the said Writ Petition as well as in the Writ Appeal, a legal question arose with regard to the applicability of the ACT on the ground that the appellant is a firm of architects and not involved in any construction activities. The learned Single Judge did not agree with the said contention of the petitioner that the petitioner firm cannot be brought within the purview of the Act. However, the Division Bench set aside the order of the learned Single Judge holding that sufficient opportunity had not been given to the petitioner to prove that the petitioner is not indulging in construction activities and that ESI Act is not app