KANCOR INGREDIENTS LTD Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) Can the issue of exemption from the operation of the Employees' State Insurance Act, 1948 (the 'Act' for short) be raked up in a dispute under section 75 thereof This is the interesting question that arises for consideration in this writ petition. The petitioner is a Public Limited Company operating an Oleoresin factory which had earlier enjoyed exemption from the provisions of the Act. Ext. P3 is the order passed by the State Government granting exemption from the operation of the Act for the period from 1.1.1998 to 31.12.1998. Such exemption was granted to the permanent employees of the factory under section 87 of the Act which is extracted hereunder:

(2.) The factory has since been covered by the Act and the dispute in this case relates to the denial of exemption for the period from 1.1.1997 to 31.10.1997 and 1.1.2001 to 31.12.2001. Ext. P20 is the order passed by the State Government as late as on 3.6.2008 denying the exemption sought for by the petitioner and it inter alia reads as follows:

(3.) The Employees' State Insurance Corporation contended that the writ petition is not maintainable since a dispute can as well be raised under section 75 of the Act. My attention was drawn to section 75 (1)(g) of the Act and the relevant portion thereof is as follows: