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Supreme Court of India 2021-09-28 allowed

EMPLOYEES’ STATE INSURANCE CORPORATION vs KAKINADA MUNICIPALITY & ORS

Bench: 2 — K.M. Joseph, Pamidighantam Sri Narasimha

In Brief

A municipality operating a water works factory sought exemption from the Employees' State Insurance Act through the Insurance Court, claiming it provided superior benefits to employees. The High Court allowed the municipality's appeal. The Supreme Court reversed this, holding that only the appropriate Government—not the Insurance Court—has statutory power to grant exemption under Section 90. The Court clarified that a factory operated by a local authority is automatically covered by the Act unless the Government exercises its exclusive exemption power after consulting the E.S.I. Corporation. The Insurance Court lacks jurisdiction to determine exemption matters; such disputes must follow the statutory procedure vested solely in the Government.

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Social Security Law Labour Law Administrative Law Employees' State Insurance Act Exemptions and Relief Jurisdiction of Insurance Courts Local Bodies

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