P. B. GAJENDRAGADKAR, J. C. SHAH, N. RAJAGOPALA AYYANGAR, S. M. SIKRI, K. N. WANCHOO
Basant Kumar Sarkar: Jankinath Banerjee: Sitaram Shaw – Appellant
Versus
Eagle Rolling Mills LTD. : Kumardhubi Engineering Works LTD. : Kumardhubi Fire Clay And Silica Works LTD. – Respondent
Judgment
GAJENDRAGADKAR, C.J.I. : The short question which arises in these appeals by special leave is whether S. 1 (3) of the Employees State insurance Act, 1948 (No. 34 of 1948) (hereinafter called the Act) is invalid. By their writ petitions filed before the Patna High Court, the appellants who are the workmen of the three respondent concerns, 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 contravened Art. 14 of the Constitution, and suffers from the vice of excessive delegation, and as such is invalid. These employers were impleaded as responded No. 1 respectively in the three writ petitions. The High Court has rejected the plea and the writ petitions filed by the appellants have accordingly been dismissed. It is against this decision of the High Court that the appellants have come to this Court and have impleaded the three employers respectively. The three appeals proceed on similar facts and raise an identical question of law and have, therefore, been heard together.
2. It appears that respondents No. 1 in all the three appeals are under the management of M
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