Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Employees State Insurance Act 1948- ss. 75(1)(g)C and 87 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Employees State Insurance Act, 1948- ss. 75(1)(g)C and 87 - Power to grant exemption from applicability of theAct- Whether lies uls. 87 with appropriate government or u/s. 75(1)(g) with ES/ Court-Held: In terms of s.87, appropriateGovernment alone has power to grant or refuse exemption- ES/ Court uls. 75, has power to decide disputes between employer and the Corporation - Grant or refusal of exemptioncannot be said to be a dispute between employer and theCorporation - In the present case, order of the ES/ Courtgranting exemption was without jurisdiction and hence non-est -Jurisdiction.Jurisdiction - Conferment of- Held: The parties, byconsent, cannot agree to vest jurisdiction in the court to trythe dispute, when the court does not have the jurisdiction.Practice and Procedure - Objection as to want ofF jurisdiction - Held: Such objection can be raised at any stage.Interpretation of Statutes - Where the statuteprescribes the procedure, it should be done in the mannerprescribed and in no other way. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 470 |
Petitioner | Zuari Cement Ltd. |
Respondent | Regional Director E.s.l.c. Hyderabad & Ors. |
SCR | [2015] 6 S.C.R. 474 |
Judgement Date | 2015-07-02 |
Case Number | 5138-40 |
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