R NATARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is a Co-operative Marketing Federation Limited. The petitioner Federation has come forward to file the present writ petition seeking to challenge the letter dated 25.05.2009 of the first respondent in rejecting their request for the grant of exemption from the provisions of Employees State Insurance Corporation Act (for short ESI Act).

(2.) In the said order, it was stated that the petitioner's request for grant of exemption from 01.08.1985 cannot be considered since the benefits given by the petitioner Establishment to their workers were neither similar nor superior to the benefits provided by the ESI Corporation (for short ESI(C)).

(3.) The petitioner has challenged the same on the ground that the said order came to be passed without giving a personal hearing to them. The Government did not examine the benefits given by them to their workers which was either substantially similar or superior. It was also stated that Section 90 of the ESI Act makes it mandatory to consult the petitioner. It was also stated that as per the decision taken and advised by respondents 1 and 2 in the meeting held on 21.05.1985, the petitioner Federation was asked to seek for exemption. Having given such advise, it is not open for the respondents to refuse the grant of exemption.