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february 1977

Supreme Court of India · 1977-02-21

EMPLOYEES STATE INSURANCE CORPORATION,BHOPAL vs CENTRAL PRESS & ANR.

Citation / case number
SC 1977/61826
Court
Supreme Court of India
Petitioner
EMPLOYEES STATE INSURANCE CORPORATION,BHOPAL
Respondent
CENTRAL PRESS & ANR.
Author
M. HAMEEDULLAH () BEG
Bench
M. HAMEEDULLAH (CJ) BEG

Judgment text excerpt

The Supreme Court held that under Section 75(1)(c) of the Employees State Insurance Act, 1948, the Insurance Court is obligated to determine the rate of contribution payable by the principal employer when a dispute arises. The Court clarified that the Central Government's notifications under Section 99A cannot prescribe methods inconsistent with the Act, particularly Section 45A, which outlines a specific calculation procedure. The Court remanded the matter to the Insurance Court, emphasizing its duty to determine the basis of calculation for contributions, regardless of the employer's record-keeping failures.

EMPLOYEES STATE INSURANCE CORPORATION,BHOPAL vs CENTRAL PRESS & ANR. · Niyam