SAMIKSHA D/O RAJU DHOLE Vs. UNION OF INDIA
LAWS(BOM)-2017-8-22
HIGH COURT OF BOMBAY
Decided on August 10,2017

SAMIKSHA D/O RAJU DHOLE Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

ARUN D.UPADHYE,J. - (1.) Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties finally by consent.
(2.) By this petition, the petitioners have prayed to hold and declare that the petitioner No.2 is an "insured person" as defined under Clause 8 of Admission Notice dated 28.6.2017 and direct the respondent Nos. 2 & 3 to issue Ward of Insured Persons Certificate to petitioner No.1 in Group-I category. By way of amendment, they have also challenged to quash and set aside the admission notice dated 28.6.2017 (Annexure A-10) issued by respondents to the extent the same provides for making of Group I, II and III of insured persons on the basis of 5/4/3 years insurable service in the employment, immediately prior to the crucial date, i.e. 1.1.2017 being violative of Article 14 of the Constitution of India. They have further prayed to quash and set aside the paragraph 5.2.3 (B) (page 53) and 4.5 of Annexure-1 (page 57) inter alia also to quash illustrations Annexure 2- A - Group-I (page 61), Annexure 2-B - Group II (page 62) and Annexure-2-C-Group - III (page 63) of Admission Notice dated 28.6.2017.
(3.) The petitioner No.1 is the daughter of petitioner No.2, who is in the employment of M/s. Nielsen (India) Private Limited at Baroda. Petitioner No.2 is having status as an insured person as defined under Section 2(14) of the Employees State Insurance Act, 1948, having Insurance No. 3101103546 duly registered on 12.6.2011. The present petitioner No.2 is from O.B.C. category and was appointed on 15.10.1997 and was having salary of Rs.2000/- per month at the time of his appointment. According to the petitioner No.2, still he is in employment and recent salary for the provisions of Section 2(9) of the ESIC Act read with Rule 50 of the ESI (Central) Rules, 1950 was Rs.16,075/-. According to him, he has been an insured person as defined under Section 2(14) of the ESI Act throughout his employment and more so as long as on 1.1.2017. He also contended that a copy of "e-Pehchan Card" issued by respondent nos. 2 & 3 is also enclosed. The petitioner has contended that he has given contribution details of the period from April, 2015 to March, 2017. The petitioner No.1 has passed S.S.C. examination with 94.40% marks as well as H.S.C. examination by scoring 487 marks out of 650 marks. According to him, from the OBC category her All India seat rank for 15% all India quota is 137239 and for the purposes of her category rank (15% quota) she is at 55915. It is further contended that counselling rank letter all India quota rank seat on;


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