M.Katju - (1.) THE petitioners moved an application under Section 88 of Employees' State Insurance Act before the Central Government, true copy of the application dated February 21, 1997, (Annexure 3 to the petition). Since the appropriate Government before whom the application has to be moved is the State Government in my opinion the petitioners wrongly moved the exemption application before the Central Government. However, I direct the petitioners to file an exemption application and three weeks before State Government and if they do so, the same will be decided within three months thereafter in accordance with law.
(2.) TILL the decision of the application the impugned circular dated January 1, 1997 remain stayed. With the aforesaid direction, the writ petition is finally disposed of.;