EMPLOYEES STATE INSURANCE CORPORATION Vs. KERALA STATE HANDLOOM DEVELOPMENT CORPN EMPLOYEES UNION CITU KANNUR DIST KANNUR KERALA

JUDGEMENT

(1.) Special leave granted.

(2.) The Employees State Insurance (Central) Rules, 1950 were amended by the notification dated 27/03/1992 with effect from 1/04/1992. By the amendment the wage-ceiling for coverage under the Employees Statement of the learned Single Judge was upheld by the division bench of the High court.

(3.) We have heard learned counsel for the parties. We are of the view that the High court fell into patent error in postponing the date of the operation of the notification. The notification, amending the Rules, was a legislative act. The amendment of the Rules being a delegated legislation, the High court could not have interfered with the date of operation of the notification.