TATA YODOGAWA LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these writ petitions, same prayer has been made on behalf of the petitioner (s) and as such with the consent of the parties, both the writ petitions have been heard together and are being disposed of by this common order.

(2.) IN these writ petitions, the petitioners have prayed for quashing the order dated august 7, 2000, whereby the petitioner's application for grant of exemption for the year 1996-97 and 1997-98 under Section 87 of the employees' State Insurance Act, 1948 (hereinafter to be referred to as the 'act') have been rejected.

(3.) IT has been stated that the petitioner-company has its own welfare scheme more favourable than the scheme provided under the said Act. The employees of the company are well satisfied with the scheme, which is better in all respect. Being satisfied with the scheme, the appropriate Government had granted exemption for about last ten years. The relevant facts were brought on record, but were not considered. No opportunity of hearing was given either to the Management or to the concerned Union, who are beneficiaries of the scheme before rejecting the petitioners' application for exemption for the year 1996-97 and 1997-98. It has been submitted that the subsequent applications submitted by the petitioners are still pending.