JUDGMENT M. Katju and R.S. Tripathi, JJ.
1. Heard Shri V.K. Barman learned counsel for the petitioner, learned Standing Counsel for respondents No. 1 and 2 and Shri Vivek Ratan learned counsel for the respondent No. 3.
2. The petitioner has prayed that a mandamus be issued directing the respondents not to realize any contribution under the E.S.I. Act from the workmen of respondent No. 3. We are of the opinion that there is no merit in the submission of the petitioner. The E.S.I. Act clearly applies to the establishment of respondent No. 3. As has been stated in para 11 of the counter-affidavit, no application for exemption from the Act has been filed by any body nor any exemption has been granted. As regards the plea that there is discrimination between the employees of respondent No. 3 and employees of Hindustan Aeronautics Limited and K.E.S.A., Kanpur, we are of the opinion, there is no merit in this submission also. Each establishment has its own unique problems and circumstances. Moreover, respondent No. 3 is a private concern and K.E.S.A. and H.A.L. are public sector undertakings. Hence there is no application of Article 14 of the Constitution in this respect. However, since there was an interim order of this Court dated May 19, 1986 as modified on July 17, 1987, which directed that no deduction shall be made from the employer or employees towards contribution for E.S.I. and in fact E.S.I. facility was not availed by the employees of respondent No. 3. Hence in our opinion it would be unfair if the respondent No. 3 and its employees are directed to pay contribution for the period when they never got this facility. Learned counsel for respondent No. 3 has stated that the respondent No. 3 was giving medical relief to its employees on its own and no medical benefit was given by the E.S.I. Corporation. Under these circumstances, we direct that no contribution shall be realized from the employer or employees, till today towards E.S.I. contribution, but from today onwards they will start paying E.S.I. contribution and employee may avail benefit of the E.S.I. Scheme. With the above observations, this petition is disposed off finally.