U.C. Banerjee, J. - (1.) A short but an interesting question of law viz., whether the employees of the contractors engaged by the Calcutta Electric Supply Corporation can be termed to be covered under the provisions of the Employees' State Insurance Act, 1948, falls for determination in this writ petition.
(2.) In order to appreciate the contentions, a brief reference to facts would be convenient at this stage. Calcutta Electric Supply Corporation is a licensee within the meaning of the Indial Electric Act, 1910. As a licensee there are certain obligations on the part of the Calcutta Electric Supply Corporation for the purpose of supply of electrical energy to its customers. In order to effectively discharge its obligation under the Statute, maintenance of overhead lines is in the normal process a bounden duty of the Calcutta Electric Supply Corporation. The licensee, being the Calcutta Electric Supply Corporation, instead of doing it departmentally, engages carious contractors for maintenance of the overhead lines as also for excavation and laying of underground cables. This has been the standard practice of the Calcutta Electric Supply Corporation. From about 19.5.76 the Employees' State Insurance Authority, however, started discussion for the purpose of having the employees of the contractors covered under the Act. The Calcutta Electric Supply Corporation in its turn, however, though by reason of some orders of this Court commenced deduction of certain sums of money from the contractors' bills for the purpose of fulfilling its obligations under the Employees' State Insurance Act. The contractors, however, moved this writ application challenging such deduction on the ground that the Employees' State Insurance Act has no manner of application in so far as the contractors' employees are concerned. The Calcutta Electric Supply Corporation has also filed another writ petition in the Appellate Side of this Court challenging inter alia the power of the Employees' State Insurance Authority to raise any demand for its contractors' labourers.
(3.) By consent of the parties, both the petitions are heard together since the self-same issues are involved in both the writ applications.;