( 1 ) THIS is an application for review of the judgment and decree passed by me in Civil Misc. Appeal No. 35 of 1960.

( 2 ) THE sole ground on which this review application is urged is that Shri Shah, by whom the application under Section 66 of the Employees' State Insurance Act, 1948 was entertained and tried, was not a properly constituted Court under the provisions of Section 74 read with Section 96 of the Employees' State Insurance Act (hereinafter referred to as the Act ).

( 3 ) IN order to appreciate the points raised by Shri Mishra in the course of his arguments a few facts might first be mentioned. The Employees' State Insurance Act was, with the exception of certain Sections (which had already been brought into force) brought into force in certain areas of the former State of Madhya Bharat by a Notification issued by the Central Government which was published in Madhya Bharat Government Gazette dated 22-1-1955. It was stated therein that the provisions of Chapters IV, V and VI of the Act (with the exception of certain Sections mentioned therein) shall come into force in the areas of Indore, Greater Gwalior, Ujjain and Rutlam with effect from the 23rd of Ja