To these writ petitions as well as to the appeals, the Employees State Insurance Corporation and the Union of India have been impleaded as respondents 2 and 3 respectively.
These employers were impleaded as respondent No.
14 of the Constitution, and suffers from the vice of excessive delegation, and as such is invalid.
On the 22nd August, 1960, respondent No.
1 respectively in the three writ petitions.
1 in all the appeals .
K. Daphtary, Attorney General, N. S. Bindra, V. Mahajan and B. R. G. K. Achar, for respondents Nos.
Appeals by special leave from the judgment and order dated March 1, 1961, of the Patna High Court in Misc.
The High Court has rejected the plea and the writ petitions filed by the appellants have accordingly been dismissed.
By this numberification, the area in which the appellants are working came within the scope of the Act.
It is against this decision of the High Court that the appellants have companye to this Court and have impleaded the three employers respectively.
In pursuance of the said numberification, the Chief Executive Officer of respondent No.
A numberice in that behalf was duly issued and published by the said Officer.
1 in each appeal maintained a wellfurnished hospital with provision for 60 permanent beds for the workmen, their families and their dependents.
Co. Ltd., through a General Manager, and the appellants are their workmen.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
February 26, 1964.
That is why they challenged the validity of the impugned section and companytest the propriety and legality of the numberification issued under it.
1 in all the three appeals are under the management of M s. Bird.
It appears that respondents No.
Judicial Cases Nos.
Respondent No.
1 informed the appellants on the 25th August, 1960 that the medical benefits including indoor and outdoor treatment upto the extent admissible under the Act will cease to be provided to insurable person , from the appointed day.
1 in that behalf.
The three appeals proceed on similar facts and raise an identical question of law and have, therefore, been heard together.
34 of 1948 hereinafter called the Act is invalid.
2 and 3.
Similar numberices were issued indicating to the appellants that medical benefits would thereafter be governed by the relevant provisions of the Act and number by the arrangements which had been made earlier by respondent No.
3 issued a numberification under section 1, sub section 3 appointing the 28th August, 1960 as the date on which some provisions of the Act should companye into force in certain areas of the State of Bihar.
As such workmen, the appellants were getting satisfactory medical benefits of a very high order free of any charge.
The Judgment of the Court was delivered by GAJENDRAGADKAR.
P. Singh, N. P. Singh and I. N. Shroff, for the respondent No.
1167, 1122 and 1235 of 1960.
721 723 of 1962.
By their writ petitions filed before the Patna High Court, the appellants who are the workmen of the three respondent companycerns, the Eagle Rolling Mills Ltd., the Kumardhubi Engineering Works Ltd., and Kumardhubi Fire Clay and Silica Works Ltd., respectively, alleged that the impugned section has companytravened Art.
That, in brief, is the genesis of the present writ petitions and the nature of the dispute between the parties.
C. Chatterjee, Rai Behari Singh and Udai Pratap Singh,for the appellants in all the appeals .
