LAWS(MAD)-2014-12-260

EMPLOYEES STATE INSURANCE CORPORATION Vs. PONDICHERRY AGRO SERVICE AND INDUSTRIES CORPORATION LTD. AND ORS.

Decided On December 17, 2014
EMPLOYEES STATE INSURANCE CORPORATION Appellant
V/S
Pondicherry Agro Service And Industries Corporation Ltd. And Ors. Respondents

JUDGEMENT

(1.) Heard the learned Counsels appearing for the parties concerned. The present Writ Appeal has been filed by the Employees' State Insurance Corporation, Pondicherry, (hereinafter referred to as "the Corporation") against the Order of the learned Single Judge of this Court, dated 23.12.2010, made in W.P. No. 19054 of 2008.

(2.) The Appellant-Corporation had filed the Writ Petition, in W.P. No. 19054 of 2008, praying for the issuance of a Writ of Certiorari to call for the records relating to the order of the Second Respondent, dated 18.2.2008, published in the Gazette of Pondicherry, dated 4.3.2008.

(3.) The main issue, that had arisen for the consideration of the learned Single Judge in the said Writ Petition, is as to whether the Appellant-Corporation, the Petitioner in the Writ Petition, is entitled to challenge the Order passed by the Government of Puducherry, the Second Respondent herein, in granting exemption, by the exercise of its power under Section 87 of the Employees' State Insurance Act, 1948 (hereinafter referred to as "the Act"). The Appellant-Corporation had challenged the statutory Notification issued by the Second Respondent, dated 18.2.2008, exempting the First Respondent, which is a Government owned undertaking, from the provisions of the Act.