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MAUNA M. BHATT
Mehsana District Cooperative Milk Producers Union Ltd. – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned Assistant Government Pleader Ms. Surbhi Bhati and learned advocate Mr. Sachin Vasavada waive service of notice of rule on behalf of respondent Nos. 1 and 2 respectively.
2. The petitioner Co-operative Society has filed this petition with the following prayers: -
(B) Your Lordship may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction quashing and setting aside the order dated 04-09-2021 and further be pleased to direct the respondent to grant the application for exemption for the respective periods that is from 2/10/2018 to 1/10/2019, 2/10/2019 to 1/10/2020 and 2/10/2020 to 1/10/2021;
(C) Pending admission, hearing and final disposal of the present Special Civil Application, Your Lordship be pleased to stay implementation of the recovery order dated 09.12.2021 passed by respondent no. 2;
(D) Pending admission, hearing and final disposal of the present Special Civil Application, Your Lordship be pleased to direct the respondent to consider the application for grant of exemption;
(E) Your Lordship be pleased to pas
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....
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....
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....
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....
The duty of the Principal Employer to ensure compliance with the ESI Act for contract workers and the Corporation's right to proceed in accordance with the law if the employer fails to comply.
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 : Supreme Court considered the scope of notification of establishments under section 1(5) of the 'ESI Act'.
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.
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