EMPLOYEES STATE INSURANCE CORPORATION Vs. SANKARANARAYANA TRANSPORTS

JUDGEMENT

(1.) The appellant is the Employees' State Insurance Corporation (the 'Corporation') which was the defendant in a suit for injunction. The plaintiff ('the employer') sought an injunction to restrain the Corporation from enforcing an order made under S.45A of the Employees' State Insurance Act, 1948 (the 'Act'). The suit was decreed and the appeal against the decree was dismissed.

(2.) The employer contends that an order made by the Corporation under S.45A, if questioned or disputed, cannot be enforced under S 45B until the dispute is resolved by adjudication before the Employees' Insurance Court (the 'Court)'. The employer further contends that in the event of any such question or dispute arising, the responsibility for invoking the jurisdiction of the Court is placed by the statute solely upon the Corporation. An order under S.45A, the employer contends, is unenforceable if it is questioned or disputed until it is confirmed by the Court on an application made to it by the Corporation.

(3.) It is not disputed before me by the Corporation that in the event of an order made under S.45A being questioned or disputed, the Court is the appropriate forum to resolve the dispute. The question, however, is who should approach the Court. According to the Corporation he who questions or disputes a determination under S.45A has to approach the Court and have the questions in dispute resolved by it. Unless so questioned before the Court, an order under S.45A, it is submitted, is final and enforceable.