GANGADHARA RAO, J.

( 1 ) THE Employees State Insurance Act, was passed in 1948. Its object was to provide benefits to the employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. It was made applicable in the first instance, to all factories including factories belonging to the Government other than seasonal factories. Sub-section (5) of Section 1 of the Employees State insurance Act (hereinafter referred to as the Act ) reads as follows:"the appropriate Government may, in consultation with the corporation and where the appropriate Government is a State government, with the approval of the Central Government, after giving six months notice of its intention of so doing by notification in the official Gazette extend the provisions of this Act or any of them, to any other establishment or class of establishments industrial, commercial, agricultural or otherwise. ". A reading of this sub-section shows that the State government can extend the provisions of the Act, or any of them to a class of establishments. But, it can do so, in consultation with the Employees State Insurance corporation, with the approval of the Central Government and after giving six months notice of its intention to do so by a notification in the Official gazette.

( 2 ) THE Estimates Committee of the Parliament in its 123rd Report on the Employees State Insurance Scheme recommended that a small committee, consisting of members of the Corporation and other experts, should be set up to go into certain important recommendations made by the Estimates Committee. A committee called the Committee on perspective Planning was accordingly set up with the approval of the Central government. The Committee submitted its report in 1 972. It recommended the extension of the Employees State Insurance scheme to certain categories of establishments. One such category is theatres, including cinemas . The Government of Andhra Pradesh wanted to extend the scheme to those class of establishments. It is not disputed that the government consulted the Employees State Insurance Corporation and the later agreed to it. On 10th September, 1974, the State Government wrote to the Central Government stating that it was considering to issue a notification under Section 1 (5) of the Act, announcing its intention to extend the Employees State Insurance Scheme to the class of establishments referred to therein as recommended by the Committee on perspective Planning and the Central Government s approval under Section 1 (5) of the Act was solicited to the extension of the scheme to all or any of the establishments specified therein, in all or any of the areas in the State where Chapters IV and v of the Act are in force. The Central Government by its letter dated 19th September, 1974, conveyed its approval under Section 1 (5) of the Act to the extension of the provisions of the Act by the State government to the following establishments: (A) factories using power employing 10 to 19 workers: (B) non-power using factories employing 20 or more workers;and (C) Shops Theatres including Cinemas; Hotels, Restaurants; motor Transport undertakings; News Papers establishments employing 20 or more persons:the Government of Andhra Pradesh published the notification G. O. Ms. No. 788 Health dated 25th September, 1974 in the Andhra Pradesh Gazette part I- Extraordinary dated 25th September, 1974, stating that in exercise of the powers conferred by sub-section (5) of Section 1 of the Act, the government was giving notice of its intention to extend the provisions of act to the establishments specified in the schedule annexed thereto on or after 25th March, 1975. According to the counter-affidavit filed by the government, the Gazette Extraordinary dated 25th September 1974 was printed and released on 27th September 1974, and the printed copies of the gazette were made available to the public on 28th September, 1974 some comments w

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