ESIC Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. As the appellants are aggrieved against the order dated 25.07.2012 passed in W.P. (C) NO. 1494/2012 as the learned Single Judge has set aside the impugned order dated 08.01.2012 whereby the appellants-petitioners' application for grant of exemption under Section 87 of the Employees' State Insurance Act, 1948 has been rejected by an officer who himself did not hear the writ petitioner and other officers heard.

(2.) Learned counsel for the appellants submitted that law is now well settled in view of the judgment of the Supreme Court and one of the case is, Ossein And Gelatine Manufacturers Association of India Vs. Modi Alkalies and Chemicals Ltd., 1989 4 SCC 264 wherein the Hon'ble Supreme Court has considered this issue and held that in a non-judicial proceeding or quasi judicial proceeding if no prejudice is caused to the applicant, then in that situation, even if the matter is heard by one officer and final order is passed by another officer, that cannot be condemned.

(3.) It is also submitted that Hon'ble Supreme Court has therefore, rejected the contention that the order can be passed only by that authority who has heard the parties. Learned counsel for the appellants also relied upon the judgment delivered in the case of Gasket Radiators(P) Ltd. Vrs. Employees State Insurance Corporation, 1985 2 SCC 68. It is submitted that Hon'ble Supreme Court while considering the matter of the ESI Hospital has given due importance to the facilities provided to the ESI Hospital and in this case the respondent-writ petitioner claimed that it is providing the better facilities than the facilities which are provided by the ESI Hospital. Such claim has been rejected by the authority concerned after considering the claim of the writ petitioners. Therefore, in view of the above facts, the petitioners were not entitled for exemption.