1
Court : Rajasthan
Decided on : Nov-10-1971
Reported in : 1971WLN599
Jagat Narayan, C.J.1. These six cases have been referred to a Division Bench by a learned Single Judge of this Court on the ground that there was divergence of judicial opinion about the vires of Rule 17 of the Rajasthan Employees Insurance Court Rules, 1959.2. The Employees' State Insurance Act, 1948, is a Central Act. Under Section 38 of it all employees in factories or establishments to which the Act applies are to be insured compulsorily in the manner provided by the Act. Contributions are payable in respect of an employee both by the employee and by the employer. Under Section 40 the employer is liable to pay both the contributions in the first instance. Under Sub-section (2) of Section 40 the current contribution payable in respect of an employee are recoverable from his current wages. The employer is required to make payments of these contributions to the Employees State Insurance Corporation quarterly. In two of these cases the employer namely the Executive Engineer, P.W.D. Bui...
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