K P MISRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS matter has come up for arguments on confirmation of ad interim stay order, which was granted in the year 1985. Since the matter has become quite old, it was finally heard with the consent of both the parties.

(2.) IT is submitted by Mr. Kasliwal, learned counsel, that the petitioner was appointed as Lower Division Cierk (LDC) in the Kota Cooperative Marketing Society Ltd. (respondent. No. 2), vide order dated April 4, 1974. He is dealing with ministerial jobs, like accounts, general correspondence etc. It is further submitted that since the petitioner is doing job, which is ministerial in nature, he is not covered by the definition of term 'employee' as contained in Sub-section (9) of Section 2 of the Employees State Insurance Act, 1948 (for short, 'esi Act' ). It is also submitted that respondent No. 2 is not a factory as defined in Sub-section (12) of Section 2 of the ESI Act. It is pointed out that, even though the petitioner has filed this writ petition in individual capacity, but this represents the interest of all ministerial staff employees, who are holding the posts of LDC, UDC, Junior Accountants, Accountants and other ministerial cadre working in the office of respondent No. 2.

(3.) MR. J. P. Gupta, learned counsel for respondent No. 1, has raised, a preliminary objection to the effect that under the provisions of Sections 74 and 75 of the ESI Act, such an objection could be raised and decided by the Employees Insurance Court (for brevity, "eic"), which is established under the Statute. It is, therefore, submitted that this writ petition should be dismissed, on this preliminary objection itself.