JUDGMENT : Arun Bhansali, J. This appeal is directed against the judgment dated 3.8.2015 passed by the Employees' Insurance Court, Bikaner ('the Court'), whereby the application filed by the appellant under Sections 75 & 85 of the Employees' State Insurance Act, 1948 ('the Act') has been rejected. 2. The appellant filed an application under Sections 75 & 85 of the Act against the notice, whereby the appellant was required to deposit a sum of Rs.13,593/- and further sought injunction against the respondent authorities from proceedings against the appellant. 3. The application was opposed by the respondent and on the pleadings of the parties, five issues were framed by the Court. One of the issues pertained to maintainability of the proceedings under Section 75 of the Act. 4. The Court after hearing the parties, decided issue No.3 pertaining to maintainability of the proceedings as preliminary issue and found that the appellant has failed to deposit the amount as envisaged under Section 75(2B) of the Act and consequently, dismissed the application filed by the appellant. It is submitted by learned counsel for the appellant that the order passed by the Court is factually incorrect, inasmuch as, by order dated 2.7.2011, the Court directed the appellant to deposit 50% of the amount, meaning thereby, its application seeking waiver under proviso to Section 75(2B) of the Act was rejected by the Court and pursuant thereto, the appellant had deposited the amount on 8.7.2011. 5. It is submitted that as the amount was deposited by the appellant, the issue No.3 could not have been decided against the appellant and the Court should have decided the matter on merits. 6. Learned counsel for the respondents supported the order impugned. It was submitted that the appellant had not complied with the requirement of provisions of the Act and therefore, the Court was justified in dismissing the application filed by the appellant. 7. I have considered the submissions made by learned counsel for the parties and have perused the judgment impugned along with certified copy of the order dated 2.7.2011 passed by the Court and a certified copy of the challan as produced by the counsel for the appellant for perusal of the Court. 8. 7. I have considered the submissions made by learned counsel for the parties and have perused the judgment impugned along with certified copy of the order dated 2.7.2011 passed by the Court and a certified copy of the challan as produced by the counsel for the appellant for perusal of the Court. 8. The Court while deciding issue No.3 came to the conclusion that as the mandatory requirements of deposit under Section 75(2B) of the Act has not been complied with, the proceedings were not maintainable and dismissed the same. However, from the order sheet and challan produced by learned counsel for the appellant, it is apparent that dismissal of the proceedings by the Court and the decision on issue No.3 is not justified. 9. A bare look at the order-sheet dated 2.7.2011 indicates that the Court permitted the appellant to deposit 50% of the impugned demand within a period of seven days. The appellant deposited 50% of the impugned demand on the same day itself, which is evident by the challan and in view thereof, the finding of the Court on issue No.3 cannot be sustained. 10. Consequently, the appeal filed by the appellant is allowed. The judgment dated 3.8.2015 passed by the Employees' Insurance Court, Bikaner is set-aside. The matter is remanded back to the said Court to hear and decide the matter on merits. 11. The parties shall appear before the Court on 7.10.2016.