BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07/10/2010 CORAM THE HONOURABLE Mr.JUSTICE K.CHANDRU W.P.(MD)No.4499 of 2007 and M.P.(MD)No.1 of 2007 M.Subramani ... Petitioner Vs. 1.The Deputy Director, Employees State Insurance Corporation, Sub Regional Office, 4th Main Road, K.K.Nagar, Madurai. 2.The Management, C.A.V.Cotton Mill, Vellapommanpatti, Trichy Road, Vadamadurai, Dindigul District. Rep.through its General Manager. ... Respondents Prayer Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to perform his duty by running a full time hospital at Vadamadurai, Vedasendur Taluk, Dindigul District, all the 24 hours. !For Petitioner ... Mr.T.Ravichandran ^For Respondents ... Mr.R.Ravindran for R1 Mr.S.Karthik for R2 :ORDER
This Writ petition is filed under thorough misconception. The petitioner
is an employee of the 2nd respondent Mill has come forward to file the present
Writ petition seeking for a direction to the 1st respondent to perform their
duty by running a full time hospital at Vadamadurai, Vedasenthur Taluk, Dindigul
District.
2.It is admitted that the area is covered by the provisions of the ESI Act
and not only the petitioner but all other employees in the 2nd respondent Mill
are also covered. The coverage which is made under ESI Act gives a multifarious
service apart from sickness benefit, which the petitioner is referring to this
Writ petition.
3.It is the case of the petitioner that the dispensary at Vadamadurai
functions only from 7 a.m. to 10.30 a.m. and 4 p.m. to 6.30 p.m. and in the
holidays it functions only forenoon service. Since the Mill is functioning all
three shifts a direction should be issued to them to run a full time hospital
running on a 24 hours basis.
4.Notice of motion was ordered in this Writ petition. No interim order
was granted. The second respondent has filed a counter affidavit taking a
neutral stand. In paragraph 7 it is stated as follows:
“7.It is submitted that the employees raised objection, and prayed to postpone
implementation, on the ground that there is no full time ESI Hospital at
Vadamadurai and that the Hospital, is functioning from 7 AM to 10.30 AM and 4 PM
to 6.30 PM in week days and in Sundays and other Holidays, it is functioning
during 7 AM to 10.30 AM alone. The employees represented that if the deduction
towards ESI contribution is made now, without full time hospital, they cannot
avail any urgent medical benefit but they have to suffer deduction in wages
without any benefit. Hence, they wanted to postpone the deduction, till a full
time hospital is established at Vadamadurai.”
5.But however, in paragraph 8 with the reference to the Inspector of the
ESI Corporation visiting the place and necessary statutory obligation has been
maintained by the Corporation. A certificate from the Village Administration
Officer was also produced regarding the working of the hospital.
6.The first respondent has filed a counter affidavit dated 31.07.2007. It
is claimed by them that the Central Government have issued notice under Section
1(3) of the Act bringing into force to the provisions of the Act with effect
from 01.08.2001. Even though the said notification was challenged by the
employer, the same was dismissed by this Court. With reference to the
allegation of medical facilities in paragraph 8 it was averred as follows:
“8. …The Corporation and the ESI Hospital Authorities would do what are
necessary and possible in running the Hospitals etc., and they cannot do things
as per the whims and fancies of the petitioner or other employees. I submit
that the ESI Hospital Authorities have entered into necessary tie up agreements
with various private hospitals throughout Tamilnadu like Apollo Speciality
Hospital, Madurai, Meenakshi Mission Hospital, Madurai, City Hospitals, Dindigul
etc., for necessary treatment of the Insured employees and their family members,
if and when the circumstances warrant the same.”
7.Under these circumstances, this Court is not inclined to entertain the
Writ petition. Hence, the Writ petition stands dismissed. No costs.
Consequently, connected M.P.is closed.
nbj
To
1.The Deputy Director,
Employees State Insurance Corporation,
Sub Regional Office,
4th Main Road,
K.K.Nagar,
Madurai.
2.The General Manager,
The Management,
C.A.V.Cotton Mill,
Vellapommanpatti,
Trichy Road,
Vadamadurai,
Dindigul District.