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RAJA BASU CHOWDHURY
Development Consultants Private Limited – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Raja Basu Chowdhury, J. - The present writ application has been filed inter alia praying for a direction upon the respondent nos. 1 and 2 to grant exemption under Section 87 of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'said Act') for the period April 2019 to March 2020. The petitioner no.1 is an existing company incorporated under the Companies Act, 1956. The petitioners claim that all its employees and their family members are eligible for medical treatment at the cost of the petitioner no.1 at Sri Aurobindo Seva Kendra at 1H, Gariahat Road (South), Jodhpur Park, Kolkata 700068, which is a modern, self-sufficient hospital having outdoor, indoor operation theatre with investigation facilities, including C.T. Scan and M.R.I. A management policy is also in place for providing medical treatment to the employees at the cost of the petitioner no.1, which also includes medical insurance. Details of facilities as are made available to the employees have been disclosed in the application.
2. Mr. Dasgupta learned advocate, appearing in support of the aforesaid application submits that the medical benefits offered by the petitioner no.1 are more benefic
The main legal point established in the judgment is that the denial of exemption without providing an opportunity of hearing and reliance on undisclosed documents prejudiced the petitioner, violating....
A reading of Section 87 coupled with its proviso, makes it clear that an enquiry is to be done by the Government after hearing all the affected parties before passing orders in the exemption applicat....
The central legal point established in the judgment is the violation of principles of natural justice in the decision-making process, leading to the setting aside of the impugned order and the direct....
Point of law: Power of the Government to grant exemption cannot be disputed and the Corporation gets a chance by virtue of Section 89 to put forth its views before Government decide on the question o....
An appeal against recovery proceedings under the E.S.I. Act is not maintainable without first challenging the correctness of the preceding order under Section 45-A.
The main legal point established in the judgment is the requirement for approaching the ESI Court for adjudication of disputes under the Employees State Insurance Act, 1948.
The main legal point established is that the rejection of exemption applications and the issuance of recovery notices must be in accordance with the provisions of the relevant act, and that applicati....
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