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Showing contexts for: ESIC DACP in Waseem Kauser vs The State Of Telangana on 5 October, 2023Matching Fragments
11. In ESI Corpn. v. Union of India(supra) the Hon'ble Apex Court held that statutory regulations, such as the ESIC Recruitment Regulations of 2015, hold greater legal weight than administrative schemes like DACP when it comes to matters of promotion. The Court emphasized that concessions made by legal counsel do not bind a party in matters of law. Therefore, the DACP scheme cannot be applied if it contradicts statutory law, as established by the ESIC Recruitment Regulations. Furthermore, with regard to the principle of estoppel, the judgment clarified that estoppel does not apply when it conflicts with statutory regulations or law. In other words, even if certain representations or statements were made in the past, if they are in conflict with statutory regulations, they cannot be enforced. The Court upheld the ESIC Recruitment Regulations of 2015 as the prevailing standard for promotions and rejected the application of the DACP scheme, providing clear legal guidance on the matter.