BUDGE BUDGE COLLEGE Vs. UNION OF INDIA

JUDGEMENT

(1.) The main controversy raised in this writ petition is whether Budge Budge College is covered under the Notification dated August 28, 2006 by which all private educational institutions were brought under the scope and ambit of the Employee's State Insurance Act, 1948 (hereinafter referred to as "the said Act"). Learned Counsel for the writ petitioner would contend that the writ petitioner Budge Budge College affiliated to the University of Calcutta is not at all covered by the Gazette Notification since it is not a private educational institution. Learned Counsel would also contend that the inspection carried out by the concerned Insurance Inspector and the impugned recommendation for applying the provisions of the said Act as well as the notice of coverage dated April 16, 2007 are all without jurisdiction and as such nullity. He would contend that to come within the scope and ambit of the aforementioned notification the educational institution should be a private one and run by individual, group of individuals, trustees, corporate bodies or societies wherein twenty or more persons are employed or were employed. He would contend that the writ petitioner, Budge Budge College accepted the coverage under the West Bengal Collage (Payment of Salaries) Ordinance, 1978 for taking financial assistance from the State Government. Since the petitioner College is covered by the aforementioned Ordinance some restrictions are imposed on it. The restrictions imposed under the Ordinance are as follows:-

(2.) In view of coverage under the aforementioned Ordinance the governing body of the College is obliged to comply with the directions of the Government. In case of failure to comply with the provisions of the aforementioned Ordinance the Government may by its order supersede the management of the College. The Ordinance has overriding effect. The Government's power of suppression and control as stipulated under the Clauses 7, 8, 9, 10 and 11 of the aforementioned Ordinance is quoted hereunder:-

(3.) Learned Counsel drew attention of this Court to another memo No. 3(250) CGA dated 7th February, 1978, by which some more conditions were imposed which are to be carried out by the College. Item (a) to (h) of Clause 2 of the memo dated 7th February, 1978 reads as follows:-