Supreme Court Digest of Recent Cases
(2006) 6 SCC 581

Labour Law

Employees' State Insurance Act, 1948

— Ss. 39 and 42 — ESI contribution when ESI facilities not availed of — Payment of, if warranted — Alternative medical facilities provided by employer in lieu of non-deduction of ESI contributions of employee and employer on interim orders of High Court, pending challenge to ESI notification raising wage-limit for inclusion of the employees — Payment of contribution for such past period — On final disposal of the said writ petitions, upholding validity of said notification, High Court directing payment of ESI contributions only prospectively i.e. from the date of its judgment — Propriety of — Held, in peculiar circumstances of the case, such direction was proper — Various reasons for propriety of impugned order, discussed, (2006) 6 SCC 581-A

Constitution of India

— Art. 136 — Relief — Non-interference even when law declared is in favour of appellant, when justified, (2006) 6 SCC 581-B

Constitution of India

— Art. 141 — Prospective overruling — Permissibility of — Held, it is permissible to prospectively overrule a judgment, (2006) 6 SCC 581-C



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