MOHALI INDUSTRIES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition has been filed in the nature of public interest litigation by making the following prayers:-

(2.) A perusal of the above prayers shows that the petitioner in the public interest litigation has made various omnibus prayers. In para 22 of the writ petition, it is stated by the petitioner that he is left with no other remedy including appeal or revision except to approach this Court by way of the present petition under Articles 226/227 of the Constitution of India. In fact, the petitioner has efficacious remedies under the Employees' State Insurance Act, 1948 ('ESI Act' - for short) and also the Employees State Insurance (General) Regulations, 1950 ('Regulations' - for short). Chapter VI of the ESI Act relates to adjudication of disputes and claims. Therefore, in case there is any claimant entitled for payment of medical dues by the ESI Corporation, it would be expedient if the same is urged before the appropriate Forum under the ESI Act and not by way of a public interest litigation making omnibus prayers for payment to all the workers. This process results in unforeseen situations of claimants making claims for which they are not entitled to and the Court may not be in a position to verify or adjudicate upon the claims that are made by the workers. Some certificates (Annexure P16 - collectively) have been placed on record in connection with certain dues that are payable to particular workmen. The said documents are addressed, 'To Whom it May Concern'. In case those certificates as have been mentioned relate to the workmen whom the amount is indeed due, the same would require verification by the ESI Corporation for which the appropriate remedy is the Forum under the ESI Act. The High Court is not a substitute for the Forum under the ESI Act to adjudicate upon the disputes. Besides, the specific averments need to be made before the Forum under the ESI Act raising its claim.

(3.) The Mohali Industries Association - the petitioner that has filed the petition in case it is espousing a public cause, should help the workmen to pursue their cases in the appropriate Forum in accordance with law. In case the workmen need necessary help from the Legal Services Authority, the same can be obtained to file the case, but for a prayer for general direction from the High Court to settle the claims for which verification may not be possible would be quite inappropriate.