BASANT KUMAR SARKAR AND OTHERS versus EAGLE ROLLING MILLS LTD. AND OTHERS
Section 1(3) of the Employees' State Insurance Act is valid; it does not suffer from excessive delegation, being a form of conditional legislation. There is sufficient guidance in the Act and its scheme for government action.
- Parties
- Appellant: Basant Kumar Sarkar and Others; Respondent: Eagle Rolling Mills Ltd. and Others; Respondent: Union of India; Respondent: Employees' State Insurance Corporation
- Jurisdiction
- India
- Judgment Date
- 26 February 1964
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From Judgment and Order of Patna High Court
- Outcome
- Appeals dismissed
- Legal Topics
- Excessive Delegation, Conditional Legislation, Employees' State Insurance Act, 1948, Article 14 of the Constitution
Case Brief
Summary, issues, holding and outcome
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Parties
Basant Kumar Sarkar and Others
Appellant
Eagle Rolling Mills Ltd. and Others
Respondent
Union of India
Respondent
Employees' State Insurance Corporation
Respondent
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Patna High Court
Legal Issues
- 1 Whether section 1(3) of Employees' State Insurance Act, 1948 is invalid for excessive delegation
- 2 Whether the impugned notifications under s. 1(3) violate Article 14 of the Constitution
Ratio Decidendi
Section 1(3) of the Employees' State Insurance Act is valid; it does not suffer from excessive delegation, being a form of conditional legislation. There is sufficient guidance in the Act and its scheme for government action.
Court Disposition
Appeals dismissed
Orders
- No order as to costs
Full Case Text
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