Business Daily from THE HINDU group of publications
Friday, May 04, 2007
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Business Daily from THE HINDU group of publications Friday, May 04, 2007 ePaper |
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Courts/Legal Issues States - Tamil Nadu HC ruling on employees insurance Act provision Our Legal Correspondent
Chennai May 3 Writ petitions directed against notices to employers under Section 45(A) of Employees State Insurance Act, 1948 could not be entertained since remedy was available by way of appeal provided under Section 75, the Madras High Court has held. The petitioner, C. Periyasami & Co, Karur, had submitted that the entire work was outsourced by the firm, and liability for those workers could not be fastened on the firm. Relying upon a judgement of a Division Bench of this Court in LPA No 82 of 2000 dated 9.1.2003, wherein Bench held that question whether entire work was outsourced or persons who were given the work were employees of employer had to be decided on a factual basis, and in the absence of any finding, claim for extension of the Act could not be made. Mr Justice K. Chandru, who heard the petition, ruled that petitioner could not file the petition and ask this court to go into a factual position, which had to be decided on evidence. Therefore, when there was remedy by way of appeal, the writ petition could not be entertained, and accordingly, the same was dismissed. However, the petitioner was at liberty to approach the ESI Court with an appropriate application.
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