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january 2011

Supreme Court of India · 2011-01-31

ALL INDIA EMP.ST.INSU.CORPN EMP.FEDN&ANR vs EMPL. STATE INSURANCE CORPN .

Citation / case number
SC 2010/33431
Court
Supreme Court of India
Petitioner
ALL INDIA EMP.ST.INSU.CORPN EMP.FEDN&ANR
Respondent
EMPL. STATE INSURANCE CORPN .
Author
DALVEER BHANDARI,DEEPAK VERMA, , ,
Bench
DALVEER BHANDARI,DEEPAK VERMA, , ,

Judgment text excerpt

The Supreme Court upheld the obligation of employees to refund excess payments made by the ESI Corporation based on their undertaking, which stated that if the Writ Petition was decided in favor of the Corporation, they would refund the amounts received. The Court directed the Corporation to recover the excess amounts within six years through yearly installments, while also ensuring that no recovery is made from the legal heirs of deceased employees. The decision reinforces the binding nature of undertakings given by employees in employment matters.

ALL INDIA EMP.ST.INSU.CORPN EMP.FEDN&ANR vs EMPL. STATE INSURANCE CORPN . · Niyam