Back
RAJA BASU CHOWDHURY
Belur Sramajibi Swasthya Prakalpa Samity – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
(Raja Basu Chowdhury, J.) :
1. The present writ application has been filed, inter alia, challenging the order dated 8th June, 2022 passed by the Principal Secretary, Department of Labour, Government of West Bengal. The petitioner no.1 claims to be a society registered under the Societies Registration Act, 1961 and claims to be a Charitable Organization engaged in providing, inter alia, health care facilities to the poor and needy. The petitioner no.1 is involved in other philanthropic activities.
2. It is the petitioner’s case that in the year 2012, the Principal Secretary, Department of Labour, Government of West Bengal while considering an application for grant of exemption under Section 91 of the Employee’s State Insurance Act, 1948 (hereinafter referred to as the ‘said Act’), by an order dated 1st November, 2012, was, inter alia, pleased to observe as follows:-
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....
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....
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 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.
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.
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
