RSRTC Vs. UOI

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This special appeal is directed against the impugned judgment dt.1st May, 2003 passed by learned Single Judge whereby writ petition of the appellant, which was directed against impugned orders of recovery of E.S.I Contribution [Ann.4 to Ann.10], was dismissed on the ground of efficacious and alternative remedy by way of appeal available to the petitioner/appellant before the Employees' State Insurance Court under the provisions of Employees' State Insurance Act, 1948 [hereinafter referred to as 'Act of 1948'].

(3.) The submission of learned Counsel for appellant is that vide notification dt.23rd December, 1996 issued by Government of India [Labour Department], the provisions of Rules 50 and 51 of E.S.I [Central] Rules, 1950 were amended and the wage limit of Rs.3,000/- was substituted to Rs.6,500/- for the purpose of applicability of the Act and share of contribution of employee as well as employer, both were also enhanced. On the basis of above notification, the appellant-Corporation issued an order dt.18th January, 1997 in compliance thereof. However, number of employees of the appellant-Corporation challenged the order dt.18th January, 1997 before the Single Bench of this Court by way of Writ Petition Nos.757/97, 547/97, 546/97 and 692/97 wherein operation of order dt.18th January, 1997 was stayed vide order dt.31st January, 1997 whereupon the appellant did not deduct and deposit contribution of employee as well as employer both with the respondents. However, the writ petitions were dismissed on 28th April, 1998 with liberty to the petitioners to move an application for exemption from the Scheme, if so advised, under the provisions of Act, 1948.