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, as per interim orders of High Court in certain writ petitions — Payment of contribution for such past period — On final disposal of the said writ petitions High Court directing payment of ESI contributions only prospectively i.e. from the date of its judgment — Propriety of — Held, in the peculiar circumstances of the case, such direction was proper — Question of law left open — Various reasons for propriety of impugned order, discussed, (2006) 6 SCC 604