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2017 Supreme(Bom) 657

ANOOP V.MOHTA, NUTAN D.SARDESSAI
Confederation of Real Estate Developers Association of India at Goa (CREDAI) – Appellant
Versus
Employees State Insurance Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shivan Desai, Advocate
For the Respondents:A.A. Agni, Senior Advocate and D. Bakal, Advocate

JUDGMENT :

Anoop V. Mohta, J.

1. The petitioners, who are carrying on their business of construction and real estate development in the State of Goa, through their registered Association along with its Members have challenged Circular No. P.12/11/11/60/20110-REV.II dated 31st July, 2015 issued by respondent No. 1 (the Corporation) under the provisions of the Employees' State Insurance Act, 1948 (the Insurance Act) and E.S.I. (General) Regulations 1950, (the Regulation) including the Goa, Daman and Diu Employees' State Insurance (Medical Benefit) Rules, 1975 (the Rules) as, by the Circular, the Insurance Act and the Schemes have been extended to all construction site workers.

2. The respondents by reply dated 10th October, 2016, have resisted the prayers on every count. The petitioners filed affidavit-in-rejoinder dated 29th November 2016 and reiterated the submissions.

3. The events led to filing the petition, as per the petitioners, are that on 31st July, 2015, respondent No. 1 issued the Circular bearing No. P.12/11/11/60/20110-REV.II extending the benefit of ESI Scheme to the co













































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