- (1.) The Petitioners in these proceedings are all societies organised under different statues belonging to Roman Catholic religious orders within the Catholic Church, who administer different educational institutions. In these writ petitions, their main complain is over expansion of the coverage of the Employees' State Insurance Act, 1948 in respect of their institutions. The case of the Petitioners is that as a religious minority, they are entitled to protection under Articles 25, 26, 27, 29 and 30 of the Constitution of India and the action taken by the State and the Employees' State Insurance Corporation (the Corporation) infringes their Fundamental Rights guaranteed under these Articles of the Constitution.
(2.) The Employees' State Insurance Act, 1948 (the Act) was enacted to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. This is the primary object of this statute, as it appears from the Preamble to the said Act. As per the provisions of Section 1(4) of the Act, this legislation was initially made applicable to "all factories (including factories belonging to the government) other than seasonal factories," subject to certain exceptions. Sub-section (5) of the same section however empowers the appropriate government to extend the provisions of the said statute to other establishments as well. Section 1 of the Act provides: (1) This Act may be called the Employees' State Insurance Act, 1948. (2) It extends to the whole of India [* * *]. (3) It shall come into force on such [date or dates as the Central government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and [for different States or for different parts thereof]. (4) It shall apply, in the first instance, to all factories (including factories belonging to the government) other than seasonal factories: PROVIDED that nothing contained in this Sub-section shall apply to a factory or establishment belonging to or under the control of the government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.] (5) The appropriate government may, in consultation with the Corporation and where the appropriate government is a State Government, with the approval of the Central Government, after giving six months' notice of its intention of so doing by notification in the Official Gazette, extend the provisions of this Act or any of them, to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise: PROVIDED that where the provisions of this Act have been brought into force in any part of a State, the said provisions shall stand extended to any such establishment or class of establishments within that part if the provisions have already been extended to similar establishment or class of establishments in another part of that State.
(3.) Extension of the provisions of the Act to the "workers" of the educational "1. Short title, extent, commencement and application institutions was mooted by the Corporation in the year 2003. It appears that a meeting of the Corporation was held on 21 February 2003 under the Chairmanship of the Union Labour Minister and it was decided that the scheme may be extended to workers of educational institutions. In this regard, a communication was issued by the appropriate authority of the Corporation to the secretaries of all the State Governments, as disclosed in affidavit-in-opposition filed on behalf of the Corporation and its officers in W.P. No. 5355(W) of 2008. On behalf of the Respondents, affidavits have not been filed in respect of all the writ petitions. On behalf of the Corporation, such affidavit has been filed in W.P. No. 24463(W) of 2007, W. P. No. 5355(W) of 2008 and W.P. No. 5581(W) of 2008, whereas on behalf of the State of West Bengal, affidavit-in-opposition has been filed only in W.P. 24463(W) of 2007. Learned Counsel for the said Respondents have adopted these affidavits in respect of other writ petitions as well. No affidavit however has been filed on behalf of the Union of India. Arguments have been advanced primarily on points of law. In the said communication dated 2 June 2003, a copy of which has been made Annexure "R1" to the said affidavit in W.P. No. 5355(W) of 2008, it has been state, inter alia: A large number of private educational institutions have come up in the country and the low paid employees of such education institutions are not being provided any social security benefits. The matter was therefore considered by the ESI Corporation at its meeting held on 21.2.2003 under the Chairmanship of Union Labour Minister, Govt. of India and the Corporation have taken a decision that the scheme may be extended to workers of educational institutions (which include public, private, aided or partially aided institutions including those run by individuals, trustees, societies or other organisations.) It is, therefore, requested that the State Govt. may issue a notification under Sub-sec (5) of Section 1 of the ESI Act, 1948 after obtaining prior approval of the Central Govt., as required under the said Section and after notifying its intention to so doing by a notification in the Official Gazette. Draft of a notification to be issued is enclosed.;