Appellants are the respondents in I.C.40/99 on the file of the Employees Insurance Court, Alappuzha. Respondent herein was the applicant.

2. The case of the respondent/applicant was that the demand of Rs.68,952/- made by the appellant as arrears of contribution for the period from 1/97 to 3/98 is arbitrary and illegal. Respondent further contended that during the period from 1/97 to 3/98 an amount of Rs.33,961/- was paid in excess of the amount payable by the respondent-employer. Therefore, the respondent was eligible to get refund/adjustment of the excess amount paid.

3. The Insurance Court decided the first point against the applicant and held that it was liable to pay Rs.66,952/- to the Employees State Insurance Corporation for the periods from 1/97 to 3/98. Regarding the second issue viz., adjustment of the excess amount paid by the respondent, the ESI Court found favour with the contention of the respondent and declared that the respondent was eligible to get adjustment of Rs.33,961/- paid for the period from 1/97 to 3/98.

4. Appellants are aggrieved by the declaration granted by the ESI Court as above.

5. Learned counsel for the appellants contends that in the light o