9911796707
TMI Blog2006 (3) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... Notification dated 23.12.1996 which became effective with effect from the date 01.01.1997, the employees who were drawing monthly salary of ₹ 6,500/- which limit was earlier ₹ 3,000/- were required to make contributions at the enhanced rate of 1.75 % in place of the earlier figure of 1.5%. The employers contribution was increased from 4% to 4.75%. In view of the Notification those employees who were drawing salary upto ₹ 6,500/- were required to secure new insurance cards after filing requisite declaration. The concerned employer notified the employees accordingly. The Union challenged the employer's notice on the ground that in view of proviso to Section 1(4) of the Act, the amendment as brought in by the Notification had no application to the concerned employees. However, prayer in the writ petition was to grant exemption. In the case of ITDC which were subsequently taken over by Laxmi Vilas Palace Hotel, Udaipur, stand was that the employer-hotel was a Government of India undertaking and is State within the meaning of Article 12 of the Constitution of India (in short the 'Constitution'). According to the Union, the applicability of the Act cannot b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration shall be appropriated to the normal fund in accordance with the law. 5. If any such dispute is raised and the petitioners succeed, the refund of the amount can appropriately be ordered at the end of such adjudication. In the appeal filed by the Corporation the aforesaid directions were given, while the appeal filed by the Union was dismissed. In the connected case the writ petitioner was the J.K. White Cement Mazdoor Sangh (in short the 'Sangh') and the decision which forms the challenge in the Civil Appeal No.313 of 2005 was followed. Mr. C.S. Rajan, learned counsel for the appellant submitted that merely because of the order of stay was granted, there was no bar on the Corporation recovering the amounts. The High Court's order virtually means that the Notification has to operate prospectively. Such a direction cannot be given by the High Court. Learned counsel for the respondents i.e. Union and the concerned employers supported the order. It was their stand that because of the stay order, recovery was not made and, therefore, the direction given by the High Court needs no interference. The question relating to the jurisdiction of the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. It is contended for the respondents that the High Court has granted the relief taking into consideration that some workmen had retired and it would be inequitable to deduct from the meager wages of existing employees with retrospective period. Therefore, the High Court directed deduction of their share from the date of the judgment. It is needless to mention that since some of the workmen have already retired and from some existing workmen deduction from date of enforcement of the notification would cause great hardship to them, so it cannot be made to bear the burden of their contribution with retrospective effect from the date of the notification towards their share of contribution. 4. To that extent, the order of the High Court is upheld. As regards the liability of the owners of the theaters who approached the High Court, the operation of the notification had stayed at their instance. We find that the High Court was wholly unjustified in granting the same relief to these owners/licensees. After their writ petitions were dismissed, they were to bear the liability from the date of the enforcement of the notification as held by this Court. It is, therefore, necessary that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Receiver was not of the Corporation. It was an obligation attached to the property of the sugar mill which was under the management of the Receiver, initially under the 1950 Act and continued under the order of stay passed by the High Court. Since the liability towards breach of contract was attached to the sugar mill under the management of the Receiver, the Corporation in whom title of the sugar mill stands vested under Section 3 of the Act cannot avoid the liability it being a burden on the said property and recoverable from it. 36. It is of no importance or consequence that actual or de facto possession of the property was received by the Corporation under a formal order of the Collector, Deoria on 23.5.1979, only after dismissal of the writ petition on 3.5.1979 and consequent discharge of the Receiver. 37. The Ordinance was stayed by the High Court to restore status quo ante existing on 2.7.1971, that is, a day prior to the appointed date 3.7.1971. But on the dismissal of the writ petition and automatic vacation of the stay order of the High Court, the operation of the Ordinance/Act with all legal consequences flowing from the said law stood restored from the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consider' and decide the matter. In such cases, while exercising the power of judicial review, the High Court directs 'consideration' without examining the facts or the legal question(s) involved and without recording any findings on the issues. The High Court may also direct the authority to 'consider' afresh, where the authority had decided a matter without considering the relevant facts and circumstances, or by taking extraneous or irrelevant matters into consideration. In such cases also, High Court may not examine the validity or tenability of the claim on merits, but require the authority to do so. Where the High Court finds the decision-making process erroneous and records its findings as to the manner in which the decision should be made, and then directs the authority to 'consider' the matter, the authority will have to consider and decide the matter in the light of findings or observations of the Court. But where the High Court without recording any findings, or without expressing any view, merely directs the authority to 'consider' the matter, the authority will have to consider the matter in accordance with law, with reference to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
