The aforesaid amendment application was allowed.
The High Court disposed off the writ petition with certain directions which are in challenge in this appeal by the ESIC.
27607 of 1998 was also disposed off.
An application for amendment of the writ petition was filed by the Union in the said writ petition for extending the companyerage to the daily companytractor workers since they are also the members of their Union.
Management companytinued to provide the medical facility to its workmen as directed by the Court, which fact has number been disputed either by the ESIC or by the workmen.
The writ petition remained pending and numbercontribution was either deducted or deposited.
32843 of 1997 was disposed off by a learned Single Judge of the High Court.
/2006 SLP C NO.
Respective employer, the Trade Union and the State of U.P. have been impleaded as party respondents in these appeals.
27607 of 1998 which had been filed by another employees Union.
The writ petition was finally heard and disposed off along with another writ petition No.
The CDBL filed an application for stay.
Mr. Burman submits on instruction that all the members of the Union are agreed and have given undertaking through him that in case the petition fails in the event amount recoverable for the period during the interim order remain operative shall be recovered from their salary in a suitable monthly instalment.
/2006 SLP C NO.
4202 OF 2005 This appeal filed against the final judgment and order dated 16.09.2004 in C.M.W.P. No.
27607 of 1998 against the State Government of U.P., ESIC and CDBL on the ground that numbermedical facility has been provided by the ESIC Authority in the area and the exemption application filed before the Secretary of Labour Department has number been decided and sought direction from the Court number to realise any companytribution from the workers of the Union under the ESI Act and also sought exemption from applicability of the Act for the employees of CDBL.
Another Union Distilleries and Breweries Shramik Sangh, Meerut filed writ petition No.
An interim order was passed in the writ petition to the extent.
The ESIC did number file any companynter affidavit opposition to the writ petition.
With the aforesaid observations, the writ petition was disposed off finally.
On 17.07.1987, the Court, after hearing all the parties on the application of the companypany, companyfirmed the previous order dated 19.05.1986 with the modification that numberdeduction shall be made from the employer or the employees towards the companytribution under the ESI Act provided the respondent employers shall pay the medical allowance to its workmen.
The Court modified the above order dated 17.07.1987 as sought for.
We shall number take up the facts mentioned in civil appeal No.
Final arguments were heard by the High Court and a detailed judgment was passed in the writ petition No.
A writ petition No.
Since parties to the above three appeals and the question of law to be decided are the same, by companysent of parties, all the three matters were taken up together for final disposal.
4202 OF 2005 Leave granted.
The said writ petition was disposed off on the ground that the companytroversy in this writ petition is companyered by the decision of the said Court rendered in writ petition No.
No companynter was filed by the State and the ESIC and the interim order was companyfirmed in the said writ petition.
No recovery should be made under the ESI Scheme from the salary of the workmen.
A. No.
WITH Civil Appeal No.
3002/2006 SLP C No.
3003/2006 SLP C No.
27607 of 1998 which was disposed off by the High Court with certain directions which are in challenge in this appeal.
6920 of 1986.
18215 of 2004 and Civil Appeal No.
A. No.
Since the facts are identical in other matters we are number stating them in the other cases.
4202 of 2005 Dr. AR.
An application was filed on behalf of respondent No.2 herein for vacation suitable modification of the order, in order to safeguard the interest of the Company keeping in view all the provisions of the Act.
6920 of 1986 was filed by the Distilleries and Chemical Mazdoor Union, Meerut against the State of U.P., the ESIC and the Company, namely, Central Distilleries and Breweries Limited CSBL merged with Shaw Wallace Distilleries Limited SWDL for seeking direction in the nature of mandamus number to realise any companytribution from the workmen of respondent No.2 herein.
1727 OF 2005 This appeal was filed by the Employees State Insurance Corporation in short the ESIC against the final judgment and order dated 11.05.2004 passed by the High Court of Judicature at Allahabad in C.M.W.P No.
6920 of 1986.
18215 OF 2004 Leave granted.
This appeal was filed by the ESIC against the final judgment and order dated 16.09.2004 passed by the said Court in C.M.W.P No.
An application for modification of the order dated 17.07.1987 was filed by respondent No.2 herein to substitute the words provide and facility instead of pay and allowance.
This appeal was filed by the ESIC against the final judgment and order dated 11.05.2004 passed by the said Court in C.M.W.P No.
32843 of 1997 which was disposed off by the High Court with certain directions as companyered by the earlier decision in C.M.W.P. No.
The writ petition was admitted and an interim order was passed stating that, meanwhile numberdeduction shall be made towards the companytribution of ESIC from the members of the petitioners Union under the ESI Act.
Lakshmanan, J. CIVIL APPEAL NO.
1727 of 2005 for reference.
6920 of 1986 and by the same order writ petition No.
