Constitution of Employees' Insurance Court.
74. (1) The State Government shall, by notification in the Official Gazette, constitute an Employees' Insurance Court for such local area as may be specified in the notification.
(2) The Court shall consist of such number of Judges as the State Government may think fit.
(3) Any person who is or has been a judicial officer or is a legal practitioner of five years' standing shall be qualified to be a Judge of the Employees' Insurance Court.
(4) The State Government may appoint the same Court for two or more local areas or two or more Courts for the same local area.
(5) Where more than one Court has been appointed for the same local area, the State Government may by general or special order regulate the distribution of business between them.
COMMENTS
The power of the State Government to constitute an ESI Court includes the power to reconstitute it. Thus the power of reconstitution of an ESI Court also has to be exercised in the same manner as the power of constitution; namely by notification in the Official Gazette. Neither constitution nor reconstitution of an ESI Court can become effective before the date of the publication of the notification under sub-s. (1) of s. 74 of the Act in the Official Gazette. The material date is the date of publication in the Official Gazette.-- ESI Corporation v. Tilak Dhari 1995 Lab. IC 2403. |