- (1.) THE present petition has been preferred mainly because of inaction on the part of the concerned respondent authority in not deciding the application preferred by the petitioner dated 16th of May, 2005 under Section 87 of the Employees' State Insurance Act, 1948 for grant of exemption from the applicability of the provisions of the Act, 1948.
(2.) HAVING heard learned counsel for both sides and looking to the facts and circumstances of the case, it appears: - (a) that the Act, 1948 has been brought into effect in the area at which the petitioner is situated with effect from 1st November, 2004. Looking to the provisions of the Act, 1948, an application for exemption under Section 87 thereof has been preferred by the petitioner vide application dated 16th May, 2005 as they are having already a better insurance scheme for the employees of the petitioner -company itself and for such other reasons as stated in the application. (b) that it appears that the concerned respondent authority is hearing since May, 2005, but has not yet concluded the hearing and decided the application preferred by the petitioner under Section 87 of the Act, 1948. (c) that looking to the provisions of the Act, 1948, the concerned respondent has to take a decision whether they are granting exemption or not. There is also provisions of renewal of the notification of the exemption such initial decision has not been taken for grant of exemption. The petitioner -company is unable to apply for renewal of the exemption which is generally for one year, at a time. Thus, because of inaction on the part of the respondent nos. 1 and 2, the application preferred by the petitioner is yet to be decided and, therefore, I hereby direct the concerned respondent authority to decide the application preferred by the petitioner under Section 87 of the Act, 1948 as expeditiously as possible and practicable so as to decide the same not later than eight weeks from the date of receipt of the order of this Court.
(3.) OBVIOUSLY meanwhile Employees' State Insurance Corporation i.e. respondent nos. 3 to 5 shall not take any coercive action in pursuance of the provisions of the Act, 1948.;