- (1.) The short question arises for consideration in this writ petition is whether the Petitioner Employees' State Insurance Corporation (ESI) is entitled to challenge an order passed by the second Respondent Union Territory of Puducherry in granting exemption by exercise of its power under Section 87 of the ESI Act.
(2.) It is an unique case where the ESI Corporation (which is a creature by the ESI Act, 1948) has come forward to challenge a statutory notification issued by the second Respondent Union Territory of Puducherry, dated 18.02.2008 in granting exemption in favour of the first Respondent by virtue of its power exercised under Section 87 of the ESI Act. By the impugned notification, the first Respondent company which is a Government owned undertaking run by the second Respondent was exempted from the provisions of the ESI Act. The said power is sought to be exercised in terms of Section 1(4) of the ESI Act.
(3.) Since the said order of exemption is under challenge, it is necessary to reproduce the order in its entirety for better appreciation of the case, which is as follows: GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT No. 10080/Lab./G/91 Puducherry, the 18th February 2008. ORDER;