KATIHAR MAZDOOR SANGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) As in both the writ applications the grievances of the petitioners arc common and the question to be decided is also common, the same have been heard together and arc being disposed of by this common judgment.

(2.) In both the writ applications, the petitioners have prayed for quashing of the Memorandum dated July 23, 1987 (Annexure 3 to C.WJ.C No. 10014 of 1992 and Annexure-12 to C.WJ.C No. 8682 of 1992) issued by the Insurance Commissioner, Employees' Stale Insurance Corporation, 'ESIC' Building, New Delhi to the Regional Director, ESI Corporation and the consequential orders dated September 10, 1992 (Annexure 1 to C.W.J.C. No. 10014 of 1992) and dated August 19, 1992 (Annexure 2), issued by the Regional Director of the Employees' Slate Insurance Corporation at Patna to the Manager of the local office for payment of cash benefits to the insured employees through Account Payee Cheque instead of making cash payment as provided under Regulation 52(4) of the Employees' State Insurance (General) Regulation, 1950, framed under Section 97 of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Regulation and 'the Act' respectively).

(3.) The petitioner in the first case is a registered Union of workers and employees of factories situated at Katihar through its Joint General Secretary representing the interest of the workers and employees working in the factories whereas the petitioner in the second case is the Secretary of Gulfurbari Mazdoor Union, which as, claimed, is a registered Union, of workers and employees of factories situated at Dhanbad and is entitled to represent the interest of the workers and employees working in the factories.