- (1.) HEARD Sri Samir Sharma, learned counsel for the petitioner and Sri Rajesh Tiwari, learned counsel for the respondents.
(2.) THE short question before the Court is whether the State Employees Insurance corporation is liable to refund the amount in respect of the employees of the workshop U. P. State Road Transport Corporation. The Corporation has framed its service regulation known as U. P. State transport corporation Employees (other than Officers')Service Regulations, 1981 which has come into force w. e. f. June 19, 1981. The Employees' state Insurance Act 1948 is applicable to the workshops of the Corporation which come within the definition of Factory as defined by section 2 (12) of ESI Act. The Corporation has been divided into three wings, (a) Operational wing (which relates to plying of Corporation buses), (b) Administrative wing, and (c)Workshops" (for maintenance and repair of corporation buses ). The employees who are working in all. the three wings are transferable from one wing to the other.
(3.) IT is stated that the employees of the petitioner-corporation were not satisfied with the benefits as provided under the E. S. I. Act and were not getting any benefits as provided under the Act, hence dissatisfied with the benefits as provided under the Act, approached the Court through their employees unions by filing writ petitions with a prayer that the employees 'contribution' under the Act may not be deducted from their wages as the medical facilities provided under the Act were not satisfactory. The Court granted interim orders in several petitions. The interim order passed in writ Petition No. 138 of 1995; U. P. Roadways karmchari Sanyukt Parishad v. State of U. P. is quoted below: "notice of the petition on behalf of opposite parties has been accepted by Sri S. K. Kalia, who is allowed four weeks' time to file counter affidavit. The petitioner shall have 10 days time thereafter to file rejoinder affidavit. The application for interim relief shall be listed for further orders before the learned single Judge after the expiry of the above indicated period. In the meantime deductions from salary of the members of the petitioners Union shall not be made. " earlier interim order was passed in writ petition No. 647 of 1986; U. P. Roadways employees Union v. State, of U. P. and Others, writ petition No. 12431 of 1995; Central regional Workshop Karamchari Sangh v. State of U. P. andothers and writ petition No. 2481 of 1993 U. P. Roadways Employees Union v. Stale of U. P. and Others,;