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september 2009

Supreme Court of India · 2009-09-17

EMPLOYEES STATE INSURANCE CORPORATION vs M/S. BHAKRA BEAS MGMT. BOARD

Citation / case number
SC 2003/6041
Court
Supreme Court of India
Petitioner
EMPLOYEES STATE INSURANCE CORPORATION
Respondent
M/S. BHAKRA BEAS MGMT. BOARD

Judgment text excerpt

The Supreme Court held that the High Court's decision to exempt the respondent No. 1 Board from making contributions under the Employees State Insurance Act, 1948 was flawed due to the lack of representation of affected workers in the proceedings. The Court emphasized that under Section 75 of the Act, the concerned employees must be parties to any dispute regarding their employment status and contributions. The Court reiterated the principles of natural justice, stating that no adverse determination can be made without hearing the affected parties, thus overturning the High Court's ruling.

EMPLOYEES STATE INSURANCE CORPORATION vs M/S. BHAKRA BEAS MGMT. BOARD · Niyam