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A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
Employees' State Insurance Corporation – Appellant
Versus
UAE Exchange And Financial Services Limited – Respondent
JUDGMENT :
Mohammed Nias.C.P., J.
This appeal is preferred by the Employees State Insurance Corporation (ESI Corporation), the second respondent in the writ petition filed by the first respondent herein, aggrieved by the judgment dated 8.11.2022 passed by the learned single Judge quashing Ext.P10 order that rejected the request for exemption claimed by the petitioner from the provisions of the Employees State Insurance Act, 1948 ('ESI Act' for short) for the period from 2004 to 2006. Learned single Judge also directed for a fresh consideration of the application claiming exemption by the Government.
2. Briefly stated, the writ petitioner challenged Ext.P10 order rejecting the claim for exemption from the provisions of the Act on the ground that it was in violation of Ext.P8 judgment of this Court dated 11.2.2013, which specifically directed the Government to consider the exemption applications in accordance with the observations contained therein. The reasons for rejecting the application submitted by the petitioner on 10.9.2004 and 11.5.2006 was that the amendment made in the year 2010 to the Act, which was in force when the Government considered the case, did not contain any provisi
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 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 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 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 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 court upheld the rejection of exemption requests under the ESI Act, emphasizing the necessity of including affected workers in welfare legislation proceedings.
(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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