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july 2006

Supreme Court of India · 2006-07-25

EMPLOYEES STATE INSURANCE CORPN. vs JARDINE HENDERSON STAFF ASSON. .

Citation / case number
SC 2004/11172
Court
Supreme Court of India
Petitioner
EMPLOYEES STATE INSURANCE CORPN.
Respondent
JARDINE HENDERSON STAFF ASSON. .
Author
LOKESHWAR SINGH PANTA AR. LAKSHMANAN
Bench
LOKESHWAR SINGH PANTA DR. AR. LAKSHMANAN

Judgment text excerpt

The Supreme Court addressed the validity of the Notification dated 23.12.1996, which amended the wage limit under Section 2(9)(b) of the Employees State Insurance Act, enhancing it from Rs. 3,000 to Rs. 6,500. The Court held that the High Court's decision to quash the amendment was incorrect, affirming that the amendment was not ultra vires the Act. The Court ruled that the amendment should be applied retroactively from its effective date of 01.01.1997, rejecting the High Court's directive to implement it only from 16.03.2004.

EMPLOYEES STATE INSURANCE CORPN. vs JARDINE HENDERSON STAFF ASSON. . · Niyam