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1992 Supreme(Ker) 304

K.A.NAYAR
Tata Employees Union – Appellant
Versus
Union of India – Respondent


Judgment :-

In these batches of Original Petitions, the points raised for consideration are the same. The grievances voiced in the petitions are also identical. All the petitioners are aggrieved by the amendment made to the Employees State Insurance (Central) Rules, 1950 amending Rules 50,51 and 54 with effect from 1-4-1992 by notification dated 27th March, 1992, by which the wage ceiling for coverage under the Employees State Insurance Act (for short 'the act ) is enhanced from Rs.1,600/- per month to Rs.3,000/- per month and the rate of employers contribution with effect from 1-4-1992 is reduced at 4 % of the wages payable to the employees instead of 5% and the employees' contribution is fixed at 11/2% of the wages payable instead of 21/4%. This amendment was given effect to from 1-4-1992. The Act and coverage were admittedly there even before the amendment was made. The effect of the amendment is, persons who were getting wages, excluding remuneration for overtime work, in the region of Rs.1,600/- and above upto Rs.3,000/- per month were also required to be covered. It is on behalf of these employees, who were receiving remuneration between Rs.1,600/- and Rs.3,-600/- per month,




















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