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february 1964

Supreme Court of India · 1964-02-26

BASANT KUMAR SARKAR AND OTHERS vs EAGLE ROLLING MILLS LTD. AND OTHERS

Citation / case number
SC 1962/106
Court
Supreme Court of India
Petitioner
BASANT KUMAR SARKAR AND OTHERS
Respondent
EAGLE ROLLING MILLS LTD. AND OTHERS
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Section 1(3) of the Employees State Insurance Act, 1948, ruling that it does not constitute excessive delegation but rather conditional legislation. The Court emphasized that the Central Government's discretion to issue notifications regarding the implementation of the Act is necessary for practical administration, especially in a phased manner. The High Court's dismissal of the appellants' writ petitions was affirmed, confirming that the Act provides sufficient guidance for its application.

BASANT KUMAR SARKAR AND OTHERS vs EAGLE ROLLING MILLS LTD. AND OTHERS · Niyam