Supreme Court · 2015 INSC 470 · Decided 2 July 2015

Zuari Cement LTD. v. Regional Director E.S.L.C. Hyderabad & ORS.

Court
Supreme Court of India
Citation
2015 INSC 470 · [2015] 6 S.C.R. 474
Case number
CRIMINAL APPEAL No. 5138/2007
Decided
2 July 2015
Bench
T.S. THAKUR, R. BANUMATHI (2-judge bench)
Outcome
Dismissed
Case type
Criminal

Headnote

Employees State Insurance Act, 1948- ss. 75(1)(g) C and 87 - Power to grant exemption from applicability of the Act- Whether lies uls. 87 with appropriate government or u/ s. 75(1)(g) with ES/ Cowt-Held: In terms of s.87, appropriate Government alone has power to grant or refuse exemption - has power to decide disputes between D employer and the Corporation - Grant or refusal of exemption cannot be said to be a dispute between employer and the Corporation - In the present case, order of the ES/ Court granting exemption was without jurisdiction and hence non­ est -Jurisdiction.

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