Xenophon Tsarnas sustained personal injuries during the course and scope of his employment with Avalotis Painting Company, Inc. (employer), the alleged injuries having resulted from an accident which occurred at the Jones & Laughlin Steel Corporation Plant at Aliquippa, Pennsylvania. He filed a complaint in trespass against Jones & Laughlin Steel Corporation, Eichleay Corporation and Whitehead & Kales Company (W&K) alleging that the accident occurred when a vertical steel sag bar became detached from its fasteners, causing him to fall and sustain serious injuries. W&K then filed a complaint to join the employer as an additional defendant alleging that the employer was either solely liable, jointly and severally liable, or liable for contribution on the cause asserted. The employer filed preliminary objections to the third party complaint contending that the proposed joinder was barred by Section 303(b) of the Workmens Compensation Act. At argument before the Court of Common Pleas of Allegheny County, W&K argued that Section 303(b) was unconstitutional. That Court, concluding that the Opinion of the Superior Court in Hefferin v. Stempkowski, 247 Pa. Super. 366, 372 A.2d 869 (1977) had established the constitutionality of that section, sustained the preliminary objections and entered judgment for the employer. On appeal to the Superior Court, the judgment was affirmed by an equally divided court. Because of the serious constitutional questions involved, and the far-reaching effects our decision will have, we granted allocatur.
