REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION ASSOCIATED INDUSTRIES ASSAM SPINNING UNIT Vs. NARAYAN CHANDRA RAJKHOWA:NARAYAN CHANDRAPUR RAJKHOWA

JUDGEMENT

(1.) Special leave granted.

(2.) These appeals arise out of an application filed by the employees of Associated Industries (Assam) Spinning Unit, Chandrapur, a unit of National Textile Corporation (West Bengal, Assam, Bihar and orissa) Ltd. [ntc (WBABO) Ltd. ] under Section 75 of the Employees' State Insurance Act, 1948 (hereinafter referred to as "the Act") in the Employees' State Insurance court at Gauhati (hereinafter referred to as "the ESI court"). The case of the employees (hereinafter referred to as "the respondent-employees") was that they were not required to make a contribution for the Employees' State Insurance Scheme which had been made applicable to them after the increase of the ceiling for applicability of the Act from Rs. 1,600. 00 per month to Rs. 3,000. 00 per month on the ground that the medical benefits which they were enjoying earlier on the basis of the NTC (WBABO) Ltd. Medical Rules were more advantageous to them than the benefits under the Employees' State Insurance Scheme.

(3.) The jurisdiction of the ESI court to entertain the said application of the respondent-employees was challenged by the Regional Director, ESIC as well as by the employers. The ESI court by its judgment dated 31/9/1993 rejected the said objection regarding jurisdiction and allowed the said application on the view that since the respondent-employees considered the benefits under the said NTC Rules superior to the medical benefits provided under the Act and the provisions of the Act couid not be imposed on them compelling them to come under the ESI Scheme and enjoy the medical benefits thereunder. The appeals filed by the Regional Director, ESIC as well as by the employers have been dismissed by the Gauhati High court by the impugned judgment dated 15/5/1995.