BHAGWATI PRASAD, J.

( 1 ) IN this writ petition, the petitioner is aggrieved by the notification Annexure P/7 passed by the Manager (Personnel), Laxmi vilas Palace Hotel, Udaipur, whereby the employees were informed that from their salaries the amount payable to E. S. I, contribution would be deducted. The petitioner impugns this notification on the ground that the E. S. I. Act is not applicable to them in view of the proviso to Section 1 (4) of the E. S. I. Act because the respondent Hotel is an agency of the Government and the government owns a major part of it.

( 2 ) THE respondent E. S. I. Corporation has put in appearance and contested the writ petition. The stand of the E. S. I. Corporation is that Laxmi Vilas Palace Hotel is not government. In the alternative even if it is government then, whether the petitioners are liable to pay their share towards E. S. I, contribution or not this dispute can be raised before the Labour Tribunal in terms of Basant kumar Sarkar and Others v. The Eagle rolling Mills Ltd. and Others (1964-II-LLJ-105) (SC), wherein it has been observed as" under:"held, that although the powers conferred on the High Court under Art. 226 are very wide