ASHOK KUMAR MATHUR, J. - (1.) PETITIONER has filed the present writ petition challenging the order dated 20 -11 -84 (Ex.4) whereby the provisions of the Employees, Insurance Act, 1948 (here in after referred to as 'the Act') has been made applicable to the petitioner.
(2.) PETITIONER is unit of the All India ITDC Employee's Union affiliated to AITUC which is a registered body under the Trade Union Act and it has units at the various places of India running hostels, transport units and entertainments etc. Petitioner is the representative body of the employees of ITDC which foster for the interests, co -operation and betterment of its members so as to protect their service conditions. The employees of this Union are working in one of the hostel of the Corporation known as Laxmi Vilas Palace Hotel, Udaipur. Out of the total strength of 51 employees working in this hotel, 31 employees hail from places out side and therefore free medical aid to all the employees and their dependents was given to them in accordance with the ITDC Medical Attendance Rules, 1978. In 1980 when the ESI Scheme was sought to be applied and the petitioner Union protested against it and as such the free medical aid was continued to be given under the ITDC Medical Attendance Rules, 1978. It is now by virtue of order dated 20 -11 -84 it has been held out for all concerns that while cancelling the present medical aid policy the Manager Laxmi Vilas Palace Hotel ITDC Udaipur applied the Employees' State Insurance Act, 1948 (here in after referred Act of 1948) with effect from 12 -15 84.
(3.) AGGRIEVED against this action of the Management this writ petition has been filed by the Union stating that the facility given to them under the 1978 Rules is more beneficial than they are being given under the Act.;