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1999 Supreme(All) 827

O.P.GARG
LOHIYA MACHINE (L. M. L. ) KARMACHARI SANGH, KANPUR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Rajesh Tewari, V.B.SINGH, V.SINHA

O. P. GARG, J.

( 1 ) THE petitioner is the registered union of the employees of the Lohiya Machines Ltd. . C-10, site ii, Panki Industrial Area. Kanpur and has come forward to espouse the cause of its members. By means of the present writ petition under Article 226 of the Constitution of India, the Government order dated 3. 10. 1997 rejecting the application of the petitioner, whereby exemption from the operation of the provisions of Employees State Insurance Act, 1948 (hereinafter referred to as the Act) was sought, has been challenged on a variety of grounds, inter alia , that the petitioner has not, at all. been given an opportunity of hearing and the order has been passed in a most cursory and perfunctory manner without recording any reasons.

( 2 ) PUT briefly, the facts of the case are that by notification No. G. S. R. 582 (E) dated 23rd december, 1996. Employees State Insurance (Central) Rules. 1950 were amended by the amendment Rules of 1996. to come into force w. e. f. 1st January, 1997. The effect of this amendment/notification was that the employees who were drawing wages/salary ranging between Rs. 3. 000 and 6,500 also came within the sweep of the Act. The petitioner add















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