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High Court of Punjab and HaryanaCWP/9242/2024disposed of

Esic Employees Union v. District Election Commission And Others

2024-04-24Mr. Justice Jagmohan Bansal2 pages

CWP-9242-2024 -12024:PHHC:055785 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-9242-2024 Date of Decision : 24.04.2024 ESIC EMPLOYEES' UNION ... PETITIONER

Versus

DISTRICT ELECTION COMMISSION AND OTHERS ... RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.H.S.Bhatia Advocate for the petitioner.

Mr. Nitin Gupta, Advocate for Mr. Prateek Gupta, Advocate for respondent No.3.

**** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioner through instant petition under Article 226 of Constitution of India is seeking setting aside of notice dated 03.04.2024 (Annexure P-1) whereby Deputy Director, Employees State Insurance Corporation (for short 'ESIC') has been directed to provide complete details of employees currently working in his office to depute for electoral duty. 2.

Mr.H.S.Bhatia, Advocate pointing out instructions dated 18.12.2019 (Annexure P-5) submits that employees of Employees State Insurance Corporation are exempted from election duty, thus, respondent cannot compel the members of petitioner to perform election duty, 3.

Notice of motion.

4.

Mr. Nitin Gupta, Advocate accepts notice on behalf of respondent No.3 and waives service. He submits that the petitioner has not placed on record Anju Goel 2024.04.25 09:50 I attest to the accuracy and integrity of this document Chandigarh

CWP-9242-2024 -22024:PHHC:055785  instructions dated 07.06.2023 which are in vogue. The Election Commission in view of amended provisions has issued instructions dated 07.06.2023 whereby exemption given to ESIC has been withdrawn. The employees of ESIC can very well be deputed on election duty. The employees of ESIC shall be deputed in the State of Haryana and elections in State of Haryana are going to take place on 25.05.2024 which is a public holiday. Apart from said day, the employees of ESIC would be required for 3-4 days for training purpose. They would not be further required, thus, work of ESIC is not going to be hampered. 5.

Faced with this, the petitioner does not press the present petition. 6.

Disposed of as not pressed.

(JAGMOHAN BANSAL) JUDGE 24.04.2024 anju Whether speaking/reasoned Yes/No Whether reportable Yes/No  Anju Goel 2024.04.25 09:50 I attest to the accuracy and integrity of this document Chandigarh