R P CHOPRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners, who are members of the ministerial staff of the Punjab Roadways, Chandigarh and are governed by the Punjab Roadways (Ministerial) State Service Class III Rules, 1977 (for short, the rules), have challenged the orders by which the Employees' State Insurance Act, 1948 (for short, the Act) has been made applicable to the drivers, Conductors, ministerial staff and Inspector staff of Punjab Roadways, Chandigarh, in this petition under Articles 226/227 of the Constitution of India.

(2.) THE petitioners are the members of the ministerial staff of Punjab Roadways, Chandigarh. Petitioner Nos. 1 to 12 were appointed to the service prior to November 1, 1966 while petitioner Nos. 13 to 44 were appointed after that date. The Act applies to establishment or class of establishments as notified by the appropriate Government. The Government of Punjab issued notification extending the provisions of the Act to certain specified class or establishments situated within the municipal limits of Amritsar, Ludhiana and Jalandhar with effect from March 30, 1975. The Road Motor Transport establishment was also brought within the purview of the Act. The establishment of the Punjab Roadways, Chandigarh is not covered under notification No. 3659-IHBI-II/75/73, dated March 26, 1975 issued by the Government of Punjab. The General Manager, Punjab Roadways, Chandigarh vide Office Order No. 3289/ecm, dated April 8, 1980 intimated that the Act has been made applicable to the drivers, Conductors, ministerial staff and Inspector staff of the Punjab Roadways, Chandigarh. The principal grouse of the petitioners was that the appropriate Government has not issued any notification extending the provisions of the Act to the employees of the Punjab Roadways, Chandigarh. In the absence of any notification issued by the appropriate Government, the Director, State Transport, Punjab, could not apply the provisions of the Act to the employees of the Punjab Roadways, Chandigarh. The petitioners are the employees of the Punjab Government and it is only the Punjab Government, which can apply the provisions of the Act to its employees working under the Punjab Government at Chandigarh.

(3.) LEARNED counsel for the petitioners submitted that Under Section 1 (5) of the Act, the State Government, with the prior approval of the Central Government, can extend the provisions of this Act to any establishment or class of establishments.