G. PATRIBASAVANA GOUD, J.

( 1 ) IN WP. No. 1888 of 1997 filed by the Employees Union of the Indian Telephone Industries ltd. , and in the connected Writ Petitions filed by others under Article 226 of the Constitution, constitutional validity of Section 2 (9) (b) of the Employees' State Insurance Act, 1948 ("act" for short) as amended by Act 29 of 1989, and the validity of Rule 50 of the Employees' State insurance (Central) Rules, 1950 ("rules" for short), together with Rules 51 and 54 thereof, as amended by the Employees' State Insurance (Central) (Second Amendment) Rules, 1996 under notification dated 23. 12. 1996, are questioned.

( 2 ) WHILE issuing Rule Nisi and passing a conditional order of stay, Learned Single Judge, by his order dated 4. 2. 1997, referred the said Writ Petition No. 1888 of 1997 and the connected Writ petitions to the Division Bench. The Employees' State Insurance Corporation ("corporation" for short) has also preferred Writ Appeal No. 1436 of 1997 as against the said conditional stay order passed in Writ Petition No. 1888 of 1997. That is how, all these matters are before this Division bench.

( 3 ) SECTION 1 (4) of the Act provides that the Act shall appl

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