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ESI COURT DOES NOT HAVE POWER TO GRANT EXEMPTION UNDER SEC.75 (1)(g) OF ESI ACT 1948

ESI COURT DOES NOT HAVE POWER TO GRANT EXEMPTION UNDER SEC.75 (1)(g) OF ESI ACT, 1948 - Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 21-8-2015 - The Employees Insurance Act, 1948 ( Act for short) is a piece of social welfare legislation to extend certain benefits to certain classes of employees. Section 74 gives powers to the State Government to constitute Employees Insurance Court. Section 87 of the Act gives powers to give exemption to a factory or establishment or class of factories or .....

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this article is whether ESI court is empowered to give exemption under Section 87 of the Act with reference to decided case law in Zuari Cement Limited V. Regional Director, ESIC, Hyderabad and others - 2015 (8) TMI 546 - SUPREME COURT Facts of the case The appellant is engaged in the manufacture and sale of cement at Yerraguntla in Cuddappa District.The said area was brought under the purview of ESI scheme with effect from 01.03.1986. The Government of Andhra Pradesh granted exemption to the a .....

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of the Act. The appellant filed review petition before the High Court. The same was dismissed observing that the appellant has an alternative remedy under Section 74 of the Act. The appellant again filed writ petitions before the High Court expressing their apprehension that the ESI court may not have the power to grant the relief of exemption from the scheme of the Act and therefore prayed that the appropriate government be directed to consider the issue of exemption by personal hearing to the .....

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of the report the Court granted future exemption to the appellant from the coverage of the Act and also set aside the impugned demand notices for the period between 1993 to 2001 along with interest. The Corporation challenged the order of the Court before the High Court contending that the ESI court does not have power under Section 75 of the Act and it is only the appropriate Government which has got the power under Section 87 of the Act to exempt anyone from the application of the Act. The Hi .....

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ssue of exemption and in the second round of litigation, the High Court was not right in saying that the ESI Court has no jurisdiction; Section 75(1)(g) of the Act specifically empowers the ESI court to decide the matter which is in dispute between the principal employer and the corporation in respect of any contribution or benefit or other dues payable or recover under the Act and thus ESI Court has been conferred wide jurisdiction under Section 75(1)(g) of the Act to adjudicate any dispute und .....

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t, the ESI Court has no jurisdiction to grant exemption and since ESI Court has acted beyond its jurisdiction; The High Court rightly reversed the said order of ESI Court; The jurisdiction can be conferred only in accordance with the statute and neither the order of the High Court nor the consent of the parties can confer the jurisdiction in the ESI Court. Findings of Supreme Court The Supreme Court analyzed the provisions of Section 87and Section 75 (1)(g) of the Act. Section 75 provides the ma .....

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