ORDER

1. These are appeals against the award dated 5-2-1993 made by the Third Industrial Tribunal, Calcutta, West Bengal. Two questions arose for consideration before the Tribunal, viz., (1) whether the change effected by the appellant employer was in contravention of Section 9-A of the Industrial Disputes Act, 1947 (the Act); and (2) whether the employer was entitled to withdraw the medical benefits which were already given by it to the employees prior to the coming into force of the Employees State Insurance Act, 1948 (the ESI Act).

2. On both questions, the Tribunal held against the appellant employer and hence the present appeals. To withdraw the said benefits, the employer served as many as four notices dated 30-3-1964, 19-6-1968, 13-11-1975 and 10-8-1976. It is not disputed that none of the notices in question was in Form E prescribed under Rule 34 of the Industrial Disputes (Central) Rules, 1957. Nor is it disputed that none of them was served either on the respondent Union of workers as required by Rule 34 and Form E or on the authorities mentioned in Form E. In fact, it was the case of the employer that there was no change in the service conditions prejudicial to the workers