Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Act Employees State Insurance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Employees` State Insurance Act, 1948 (34 of 1948) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Employees State Insurance, Act, 1948, section 1(5)-Whether the power conferred under section 1(5) of the Act on the State -Government to extend all or any of the provisions of the Act to other Establishments in the State suffers from the vice of excessive delegation of essential legislative powers. Notification issued by the Rajasthan State dated 20.9.1975 under section 1(5) of the E.S.I. Act, whereby shops in which 20 or more persons had been employed for wages on any day of the preceding 12 months were also brought under the purview of the Act with effect from 26.10.1975-Whether the place where business of supplying the services of musicians or band players a "shop"-Whether the business being intermittent or seasonal, offends Articles 14, 19(J)(g) and 21 of the Constitution-Employees State Insurance Act, 1948, sections 1(4), 2(12).All the provisions of the Employees State Insurance Act, 1948 were extended with effect from 26. 10.1975, to certain classes of establishments and areas in the State of Rajasthan, by virtue of a Notification dated September 20, 1975 issued under sub-section (5) of section 1 of the Act. Item 3(iii) in the Schedule to the said Notification brought within the purview of the Act shops in which 20 or more persons had F been employed for wages on any day of the preceding 12 months. M/s Hindu Jea Band, Jaipur had employed 23 persons on wages during the relevant period, but did not comply with the provisions of the Act. The demand made by the authorities of the Employees' State Insurance Corporation to make contributions as required under the Act with effect from 26.10.1975 was questioned by M/s Hindu Jea Band by a petition under section 75 of the Act before the Employees State Insurance Court on two grounds; (i) that the place where it was carrying on business was not a shop; and (ii) that its business being one of the intermittent or seasonal character of the Act could not be extended to its business. Having lost the case before the E.S.I. Court and in appeal before the High Court, the petitioner has come in appeal before the Supreme Court. The petitioner also filed a writ petition under Article 32 of the Constitution challenging the Notification as violative of Articles 14, 19(1)(g) and 21 of the Constitution, and section 1(5) of the Act itself as suffering from the vice of excessive delegation of legislative powers. |
Judge | Honble Mr. Justice E.S. Venkataramiah |
Neutral Citation | 1987 INSC 56 |
Petitioner | Hindu Jea Band, Jaipur |
Respondent | Regional Director, Employees State Insurance Corporation, Jaipur Etc. |
SCR | [1987] 2 S.C.R. 377 |
Judgement Date | 1987-02-20 |
Case Number | 1743 |
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