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Madhya Pradesh High Court · body

1993 DIGILAW 550 (MP)

Employees' State Insurance Corporation v. Kerala State

1993-10-11

KULDIP SINGH, YOGESHWAR DAYAL

body1993
JUDGMENT Special Leave granted. The Employees State Insurance (Central) Rules, 1960 were amended by the notification dated March 27, 1992 with effect from April 1, 1992. By the amendment the wage-ceiling for coverage under the Employees State Insurance Act, 1948 (the Act) was enhanced from Rs. 1,600 to Rs. 3,000 per month. The amendment was challenged before the High Court on various grounds. While upholding the validity of the amendment a learned Single Judge of the High Court directed that the notification should be enforced with effect from November 1, 1992 instead of April 1, 1992. The judgment of the learned Single Judge was upheld· by the Division Bench of the High Court. We have heard learned counsel for the parties. We are of the view that the High Court fell into patent error in postponing the date of the operation of the notification. The notification, amending the Rules; was a legislative act. The amendment of the Rules being a delegated legislation, the High Court could not have interfered with the date of operation of the notification. We set aside the direction given by the High Court regarding the postponement of the enforcement of the notification and we direct that the notification dated March 27, 1992 shall be operative from Apri1, 1992. We, however, leave it open to the respondents to approach the appropriate Government, if so advised, under the Act for grant of exemption or for any other relief to which they may be entitled. We allow the appeals in the above terms. No costs.