34. At this juncture, although we hold that the prayer of the petitioner declaring Rules 54 (non-existent), 57 & 60 of the ESI Rules, and all other provisions of the ESI Act and Rules as ultra vires and unconstitutional to the extent that they do not provide PDBs corresponding to the minimum wages cannot be granted in view of our reasoning in the foregoing paragraphs. However, we express and note our deep anguish and concern about the quantum of permanent disability benefits extended by the ESIC, which by any standards, are not commensurate to even buying a two-square meal for a single person, leave along the minimum wages as guaranteed in the Minimum Wages Act, 1948. We acknowledge the hardships faced by the petitioner, who is a 100% permanently disabled person and hence call upon both the ESIC and the Central Government to form a committee, which can be empowered on a biennium basis to recommend the ESIC to enhance/vary the PDB taking into account the prevailing market standards, inflation and actual cost of living, including the provisions of Minimum Wages Act, 1948 and other allied Act(s). However, the said committee in this regard, may not be bound or guided merely by the provisions of the Minimum Wages Act, 1948 and rather shall act independently in all fairness, reasonability and equity, keeping in mind the ambitious endeavour of the Government to provide social security to the sick and disabled as envisaged under the ESI Act.
