INDIA JUTE COMPANY LTD Vs. REGIONAL DIRECTOR WEST BENGAL REGION EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) This matter has been referred to a larger Bench by A. N. Sen, J. on the 13th August, 1975, under Chapter V Rule 2, of the Original Side Rules. The petitioner has its registered office at No. 16, Strand Road in Calcutta within the Ordinary Original Civil Jurisdiction of this Court. The petitioner has a jute factory and a cotton factory at Serampore in the district of Hooghly, The business of the petitioner is manufacture and sale of jute and cotton textile goods. The petitioner's Calcutta office is stated to be a commercial establishment where the petitioner employs clerical and other staff.

(2.) The petitioner has made this application under Article 226 of the Constitution for a Writ in the nature of mandamus commanding the respondents to forbear from giving any effect to certain directions or orders contained in letters mentioned in the petition Or otherwise applying Or seeking to apply the provisions of The Employees" State Insurance Act, 1948 to the petitioner in respect of persons employed at its registered office or head office at No. 18, Strand Road in Calcutta. The petitioner has also prayed for other reliefs including an interim order of injunction.

(3.) Before we proceed any further it would be convenient to set out the relevant portions of some of the sections of The Employees' State Insurance Act, 1948, hereinafter called "the Act".