Business Daily from THE HINDU group of publications
Wednesday, Dec 10, 2008
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Business Daily from THE HINDU group of publications Wednesday, Dec 10, 2008 ePaper | Mobile/PDA Version | Audio | Blogs |
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Industry & Economy
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Social Security States - Tamil Nadu No right to seek exemption from ESI Act, rules HC Our Legal Correspondent Chennai, Dec. 9 An exemption from operation of a labour legislation was not automatic, and there was no vested right on any employer to seek for such an exemption, the Madras High Court has ruled. Disposing of a writ petition from the Madras Race Club seeking to quash an order dated June 11, 1999, of the Secretary, Labour & Employment Dept, Tamil Nadu, declining to grant exemption to the club from operation of Employees’ State Insurance Corporation, Mr Justice K. Chandru held that the ESI Act was a social welfare legislation. Respondent one (the Labour & Employment Dept) had categorically held that the petitioner deserved no exemption on specific grounds. While dismissing the petition, the Judge said that the respondent had found that the medical and cash benefits provided by the petitioner, the club, were neither comparable nor superior to the benefits provided under the ESI Act. Also, Madras Race Club was not providing the various benefits given under one umbrella, which included sickness benefit, maternity, disablement and death benefits and also funeral benefit. On behalf of the petitioner, it was contended that the order of State Government was bereft of any reason, and no opportunity was given to the club before passing the order. The respondent submitted that the Act did not contemplate any personal hearing. Neither in the application nor in the direction given by this Court in its order dated February 8, 1999, any such right of personal hearing was conferred on the petitioner. The Judge held that the petition was devoid of merits and was misconceived. More Stories on : Social Security | Courts/Legal Issues | Sports | Tamil Nadu
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