Order Heard Mr. V.P. Singh, learned senior counsel for the petitioners. Nobody appears on behalf of the Employees State Insurance Department in spite of notice having been served upon them. 2. JC to GP II submits that he has nothing to say in the matter. 3. According to learned counsel for the petitioners, Employees State Insurance Act, 1948 cannot be invoked unless the State has issued a notification in the Gazette as per Section 1(5) of the Act. Therefore any notice to answer the default during the period from 7.3.2001 to 31.7.2002 does not arise. He frankly admitted that from 1st August, 2002 they are contributing under clause (4) of Section 1. According to Sri Singh, there was no such provision applicable to the petitioners from 7.3.2001 to 31.7.2002. 4. Perused Annexure 1, the prosecution report, by which the petitioners alleged to have not complied the provisions of Section 40 of ESI Act read with Section 39 and Regulation 31 of ESI (General) Regulation, 1950. 5. Learned counsel for the petitioners further say that during the period whatever they paid, return is not available with them, since the matter has remained pending from 2004. 6. In that view of the matter, this writ petition is disposed of with liberty to the petitioners to approach the appropriate authority and file a representation to the concerned authority, who will decide the matter within six weeks positively. The stay order shall continue till the representation is disposed of.