FARIYAS HOTELS PVT LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition challenges the notification dated 18th September, 1978 issued by the State Government, respondent 1, under S. 1(5) Employees' State Insurance Act, 1948 (hereinafter referred to as the Act). The impugned notification extends the provision of the Act inter alia to hotels employing 20 or more employees within the limits of the Municipal Corporation of Greater Bombay.

(2.) It is common ground that, by reason of notification issued by the Central Government under S. 1(3) of the Act, the Act had then come into force over an area of the State of Maharashtra greater than the Municipal limits of Greater Bombay.

(3.) On 31st December, 1973 the Employees' State Insurance Corporation, respondent 2 wrote to respondent 1 suggesting that the Act should be extended to cover the categories of establishments therein mentioned, which included hotels. The letter suggested that such extension need not cover all sectors of employment or all areas simultaneously.