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P. V. KUNHIKRISHNAN
Arya Vaidya Sala – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The short point to be decided in these writ petitions is the validity of an order passed by the 1st respondent -State of Kerala by invoking the powers under Sec. 87 of the Employees' State Insurance Act, 1948 (for short “ESI Act”). Whether the appropriate Government while passing orders under Sec.87 of the ESI Act should pass a speaking order and whether the exemption orders can be passed based on the date of the application for exemption in the light of Sec. 91-A of the ESI Act are some of the ancillary points to be decided. Since in all these cases, common questions are raised, the narration of the facts in one of the case will be sufficient for resolving the issue. Therefore, W.P.(C) No. 32536/2017 can be treated as the leading case and the exhibits marked in this case is referred in this judgment unless it is specifically mentioned otherwise.
2. The petitioner in all these writ petitions is Arya Vaidya Sala Kottakkal, which is a charitable trust constituted as per the will executed by late Vaidyaratnam P.S.Warrier in the year 1939. The petitioner is engaged in the manufacture and sale of Ayurvedic medicines. Besides this the petitioner is imparting ayurvedic treatment
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 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....
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 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 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....
(1) ESI Act should be given liberal interpretation and should be interpreted in such a manner so that social security can be given to employees.(2) ESI contributions – For demand notices for period a....
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