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1985 Supreme(SC) 75

E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY, R.B.MISRA
Gasket Radiators Private LTD. – Appellant
Versus
Employees State Insurance Corporation – Respondent


Advocates:
A.N.Dittia, Abdul Khader, C.V.SUBBA RAO, D.N.Mishra, G.B.PAI, GIRISH CHANDRA, MIRA MATHUR, N.L.Kakkar, R.N.Poddar, S.T.DESAI

Judgment

JUDGMENT:- The question raised in this appeal concerns the vires of Chapter V-A of the Employees State Insurance Act, 1948. The principal Act was enacted in 1948. Chapter V-A was inserted by Section 20 of Act No. 53 of 1951. The provisions of the Chapter, however, have ceased to have effect on and from July 1, 1973. That is the sequel to a notification issued under S. 73-I of the Act. Chapter V-A is headed "Transitory Provisions" and provides for the payment by the principal employer of a special contribution which shall. be in lieu of the employers contribution payable under Chapter IV in the case of factories or establishments situate in areas in which the provisions of both Chapters IV and V are in force. The special contribution is required to be such percentage, not exceeding five per cent of the total wage bill of the employer, as the Central Government may specify. It is also provided that the employers special contribution in the case of factories or establishments in areas in which the provisions of both Chapters IV and V are in force shall be fixed at a rate higher than that in the case of factories or establishments situate in areas in which the provisions of the


















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