M.Subramani vs The Deputy Director on 7 October, 2010

[Cites 3, Cited by 0]

Madras High Court

M.Subramani vs The Deputy Director on 7 October, 2010

Bench: K.Chandru

       

  

  

 
 
 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.

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