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1986 Supreme(Pat) 143

S.S.SANDHAWALIA, UDAY SINHA, S.ALI AHMAD
Rameshwar Jute Mills Ltd. – Appellant
Versus
Union Of India – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. The significant issues falling for determination by this Full Bench in the context of the Employees State Insurance Act, 1948 (Act 34 of 1948), may well be succinctly formulated as under :-

(i) Whether Section 94A of the Act aforesaid authorises the delegation of the powers conferred by S.85B of the Employees State Insurance Corporation to officers or authorities subordinate to the said Corporation?

(ii) If so, whether the Resolution dated the 24th February, 1976 (published in the Government of India Gazette dated the 15th December, 1979), authorising the Director General or any other officer authorised by him to levy and recover damages from the employers under S.85B(1) of the Act is valid in its totality?

(iii) Whether the second proviso to Regulation 3 of the Employees State Insurance (General) Regulations, 1950, would be attracted to the situation and would bar further delegation by the Corporation?

(iv) Whether the Division Bench judgment of this Court in Rameshwar Jute Mills Limited V/s. Union of India (Civil Writ Jurn. Case No. 3815 of 1982 - decided on the 4th October, 1982), lays down the law correctly in this context?

2. The representative m


































































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