ZUARI CEMENT LTD v. REGIONAL DIRECTOR E.S.l.C. HYDERABAD & Ors.

factories or establishments from the operation of the A In fact, the appellant-factory itself has obtained Act. exemption from the appropriate Government-State Government under Section 87 of the Employees State Insurance Act, 1948, for the period from 1986 to 1993. Likewise, the rejection of exemption was also under B Section 87 of the Act. While so, seeking the relief of declaration from the ESI Court that the appellant is entitled to exemption from the operation of the Act is misconceived. Contrary to the scheme of the statute, the High Court cannot confer jurisdiction upon the ESI C Court to determine the issue of exemption. (Para 12] (484-E-G]

2. The Employees Insurance Court is a tribunal specially constituted for the purpose of deciding any D controversy that may arise on the matters enumerated in Section 75 of the Act. A reading of Section 75 of the Act would show that the ESI Court has full jurisdiction to decide all the matters arising between the employer and the Corporation under the Act. The expression "any E other matter" occurring in Section 75(1) (g) only means any other dispute between an employer and corporation or a person and Corporation pertaining to the contribution or benefit or other dues payable under the F Act or any other matter required to be decided by ESI Court under the provisions of the Act. Grant or refusal of exemption by the appropriate government cannot be said to be a dispute between the employer and the Corporation. For grant or refusal of exemption, a specific G provision is prescribed under the Act, it cannot be brought within the ambit of "any other matter" required to be decided by the Employees' Insurance Court under this Act. [Para 13] [484-H; 485·A·B, D·E] H 476 SUPREME COURT REPORTS [2015] 6 S.C.R. A

3. Where a statute provides that a particular thing should be done, it should be done in the manner prescribed and not in any other way. As per the scheme of the Act, appropriate government alone could grant or refuse exemption. When the statute B prescribed the procedure for grant or refusal of exemption from the operation of the Act, it is to be done in that manner and not in any other manner. [Para 14] [486-A-B; 485-G-H]