BADSHAH SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) These appeals are preferred against the judgment dated 21.09.2007 passed by the High Court of Andhra Pradesh allowing Civil Miscellaneous Appeals and thereby setting aside the order of ESI Court granting exemption to the appellant from the operation of Employees State Insurance Act, 1948 (for short 'the Act').

(2.) Brief facts which led to the filing of these appeals are as under:-

(3.) The appellant again filed number of writ petitions before the High Court expressing apprehension that ESI Court may not have the power to grant the relief of exemption from the scheme of the Act and therefore prayed that the appropriate Government be directed to consider the issue of exemption by personal hearing to the appellant and by conducting an inquiry. However, vide order dated 11.10.2001 those writ petitions were disposed of holding that ESI Court has jurisdiction to decide the issue and all questions including the applicability of the Act can be raised before the ESI Court. The appellant then approached the ESI Court, Hyderabad under Sec. 75(1)(g) of the Act challenging the demand notice. The ESI Court appointed an Advocate Commissioner to submit a report as to the medical benefits made available to the workmen in the industry. An affirmative report was filed by the Court Commissioner stating that appellant is providing all the due benefits. On the basis of the report, vide Order dated 18.10.2004, the petitions filed by the appellant as well as by the workmen union were allowed and the ESI Court granted future exemption to the appellant from the coverage of the ESI Scheme and the ESI Court also set aside the impugned demand notices for the period between 1993 to 2001 and the interest thereon. Assailing the said order, the ESI Corporation filed appeal before the High Court contending that ESI Court does not have power under Sec. 75 of the Act and it is only the appropriate Government which has got the power under Sec. 87 of the Act to exempt anyone from the application of the Act. By the impugned judgment dated 21.09.2007, the High Court allowed the appeals of the Corporation holding that ESI Court does not have the power to grant exemption under Sec. 75(1)(g) of the Act. In these appeals, the appellant assails the correctness of the above judgment.