The Revival of Ray LXXVIII

Posted on by Rudrajyoti Nath Ray

The Employees’ State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2008 and The Employees’ State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2015 have statutory effect by virtue of Section 97(3) of The Employees’ State Insurance Act, 1948. It is settled law, regulations framed by statutory authorities have force of enacted law.

Constitution Bench in Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi, (1975) 1 SCC 421 considered regulations framed by several statutory authorities considered as ‘State’ within terms of Article 12. Chief Justice A.N. Ray held, regulations have same effect of law and bind statutory authorities.  

“In other statutes under consideration viz. The Life Insurance Corporation Act, 1956 and The Industrial Finance Corporation Act, 1948 though there is no specific provision comparable to Section 12 of The Oil and Natural Gas Commission Act, 1959 terms and conditions of employment and conditions of service are provided for by regulations. These regulations are not only binding on authorities but also on public.”

– Hon’ble Justice Dr. D.Y. Chandrachud, Employees’ State Insurance Corporation v. Union of India, [Civil Appeal No. 152 of 2022].

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.