Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. Justice A.D. Maria Clete, J
Ninety Nine Beedi Factory – Appellant
Versus
Government of Tamil Nadu Rep. by its Principal Secretary, Labour and Employment (L1) Department – Respondent
JUDGMENT :
A.D. Maria Clete, J.
Heard.
2. The writ petition has been filed by a Beedi manufacturing unit challenging the order of the State Government issued in G.O.(D) No. 284, Labour and Employment Department, dated 03.06.2020, whereby the Government rejected the petitioner’s request for exemption from the provisions of the Employees’ State Insurance Act, 1948 , under Sections 87 , 88, and 91-A for the periods from 10.01.2019 to 09.01.2020 and from 10.01.2020 to 09.01.2021. It may be noted that the impugned order erroneously refers to the first period as ending on 09.01.2012, which is a typographical error.
3. When the writ petition was listed on 25.06.2020, the learned Additional Government Pleader took notice on behalf of the State Government, and notice was ordered to the Employees’ State Insurance Corporation. Thereafter, the first respondent filed a counter affidavit, dated Nil of 2021. The Employees’ State Insurance Corporation is represented by its panel counsel.
4. The principal contention of the petitioner is that the first respondent has, as a matter of consistent administrative practice, been granting periodical exemptions to Beedi manufacturers from the operation of the ES
The court upheld the rejection of exemption requests under the ESI Act, emphasizing the necessity of including affected workers in welfare legislation proceedings.
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.
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....
Point of Law : Supreme Court considered the scope of notification of establishments under section 1(5) of the 'ESI Act'.
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....
Determination regarding alternative remedies available under the Employees’ State Insurance Act, 1948.
Exemptions under the Employees’ State Insurance Act cannot be granted retrospectively, as per Sections 87 and 91-A, which must be strictly adhered to.
The central legal point established in the judgment is the entitlement of the appellant to the benefit of G.O.Ms.No.2082, Labour Department dated 29.08.1983, exempting employees on tour for 7 months ....
The central legal point established in the judgment is the interpretation of the term 'seasonal factory' under Section 2 (19-A) of the ESI Act, particularly in relation to the manufacturing processes....
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
