decided, with reference to Section 45AA and 75 and
also Section 45A of the ESI Act. Such interpretations as well as the
constitutional ... Section
75 is a special provision, constituted in respect of the matters to be
decided by the Employees State Insurance Court itself. However,
Section 75AA
respondent Employees State Insurance Corporation
(ESIC), on the other hand, is a statutory authority established by
Section 3 of Employees State Insurance Act, 1948 (ESI ... aside. The
petition of the appellant under Section 75 of Employees' State
Corporation Act, 1948 before the EI court stands restored and revived
Corporation, the ESI authorities ought
to have approached the ESI Court under Section 75 of the ESI ... petition under
Section 75 of the Act challenging the order passed by the
Authority under Section 45-A of the ESI
Section 75 , under the proviso to
the said sub‐section.
10. Next placing reliance on Section 40 and Section 41 of the ESI ... scope of a decision by the
Employees' Insurance Court under Section 75 of the ESI Act.
17. It is submitted that after
employee” under sub-section (9) of Section 2 of the
Employees' State Insurance Act, 1948 ('the ESI Act ')?
Signature ... sustained and the application filed by
the respondent-Company under Section 75 of the ESI Act deserves to be
dismissed.
8. For determination
Section 45-AA of the ESI Act as well as the
aggrieved person can approach the Employees' Insurance Court under
Section 75 ... Section 45-AA of the ESI Act
or file a petition before the Employees' Insurance Court challenging the
order under Section 75
under section 45B
thereof. Thus, the nature of proceedings under section 45A of the
ESI Act on one hand and section 75 read ... from the
one passed under section 75 of the said Act. An order under
section 45A of the ESI
file an appeal under
Section 45-AA or prefer an application before the ESI Court under
Section 75 of the Act. This being ... provided under Section 45AA of the Act or an application can be filed
before the ESI Court under Section 75
Labour Court,
Coimbatore under Clause (g) of Sub-Section (1) of Section 75 of the
Employees State Insurance Act, 1948. In these said proceedings,
both ... section (1) of Section 75 . Section 75(1)(g) of the
Act essentially deals with any other matter/dispute between
the employer and the Corporation
petition before the
competent ESI Court under Section 75 of the ESI Act. The said
petition filed before the ESI ... Section 45A
was passed in the year 1999 and challenging the said order, the
writ petitioner filed a petition under Section 75 of the ESI
