NTPC LIMITED Vs. UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF LABOUR AND EMPLOYMENT, NEW DELHI & ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner prays for quashing of the order dated 10.6.2011 passed by Respondent No. 4 as contained in Annexure -8 under Section 45A of the Employees State Insurance Act, 1948 (in short 'ESI Act') whereby liability of a sum of Rs. 63,52,775/ - for the period March, 2010 to June, 2010 has been fixed upon the petitioner towards the Insurance contribution of the employees of the Contractors and has also ordered to recover the amount under Sections 45C to 45(l) of the ESI Act. The petitioner further prays for issuance of consequential writ restraining the respondents from realizing any future amount in respect of liability of contractor's contribution.

(2.) THE relief has been founded mainly on two grounds; (a) firstly the respondent no. 4 has committed illegality in law by holding that the petitioner's company is liable to pay contribution of Employees State Insurance Corporation (hereinafter referred to as 'ESIC') for the employees of the contractors without impleading and requiring the contractors to obtain ESI Code; (b) secondly the respondents failed to appreciate that the petitioner company would not be covered because as per sub -section (4) of Section 1 of ESI Act a factory or establishment belonging to or under the control of the Government whose employees are otherwise in receipt of benefit substantially similar or superior to the benefits provided under the Act shall not come under the purview of ESI Act.

(3.) THE petitioner is a public sector undertaking of Government of India registered under the Companies Act, 1956 and seven units of power plant of the total capacity of 2340 MW of Petitioner Company is situated at Kahalgaon in the district of Bhagalpur.