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1 - 10 of 15 (0.21 seconds)Article 226 in Constitution of India [Constitution]
Section 74 in The Employees' State Insurance Act, 1948 [Entire Act]
Section 75 in The Employees' State Insurance Act, 1948 [Entire Act]
Shyama Charan Agarwala & Sons vs Union Of India (Uoi) on 15 July, 2002
19. Of course, in M/s.P.M.PATEL & SONS V. UNION OF INDIA reported in
AIR 1987 SC 447, the Apex Court has held that provisions of the Employees
Provident Funds Act and the Schemes cannot be implemented at all in respect of
the beedi industry. Even though the Employees' State Insurance Act, 1948, is
a social welfare legislation, since I have already held that it may not be
proper for this Court to exercise its extraordinary jurisdiction under Article
226 of the Constitution of India to go into the applicability of the
Employees' State Insurance Act, 1948, in the light of the ratio laid down in
the decisions, referred to above, I do not propose to give any finding on this
issue, as otherwise, it would prejudice the adjudication, which the petitioner
may initiate before the Employees’ Insurance Court.
Basant Kumar Sarkar And Others vs Eagle Rolling Mills Ltd. And Others on 26 February, 1964
In view of the above well-settled principles laid down in the
above cases that the Employees’ Insurance Court alone can go into the
question, even as to the applicability of the provisions of the Employees'
State Insurance Act, 1948, I am of the considered opinion that it may not be
proper for this Court to give a finding on that aspect.
The Beedi Workers Welfare Fund Act, 1976
The Beedi Workers Welfare Cess Act, 1976
Regional Director, E.S.I. Corporation vs Fibre Mangalore (P) Ltd. on 18 September, 1984
In E.S.I.C. V. F.FIBRE BANGALORE P. LTD. reported in 1997
(II) LLJ 739 = AIR 1997 SC 244, the Apex Court has observed that the
applicability of the provisions of the Employees' State Insurance Act, 194 8,
could be decided only by the Employees’ Insurance Court, in an appropriate
adjudication.