Madras High Court
Muthayammal Engineering College vs The Government Of Tamil Nadu on 3 June, 2016
Author: N.Kirubakaran
Bench: N.Kirubakaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.06.2016 CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. No.18748 & 18749 of 2016 and M.P.Nos.16365 to 16368 of 2016 Muthayammal Engineering College, represented by its Principal Kakkaveri, Rasipuram Post, Namakkal District 637 408. ... Petitioner in both WPs Vs. 1. The Government of Tamil Nadu, Rep.by its Principal Secretary, Labour and Employment Department, Fort St.George, Chennai 600 009. 2.Employees' State Insurance Corporation, Rep.by its Deputy Director (Revenue) Sub Regional Office (Salem) 39/57, Theerthamalai Vaniga Valagam, Three Road, Salem 0 636 009. 3.The Social Security Officer, Salem Division-II, ESI Corporation, 1/241, Kumaran Tower, Alagapuram Post, Salem 636 004. ... Respondents in both WPs COMMON PRAYER : Writ petitions filed under Article 226 of the Constitution of India for issue of writ of certiorari calling for the records of the respondents relating to the order of the 1st respondent in G.O.Ms.No.237 Labour and Employment (K1) dated 26.11.2010 and published at Page No.879 of Part II Section 2 of the Tamil Nadu Government Gazette No.51 dated 29.12.2010 and the orders of the 3rd respondent in No.63/IO_DIV.II/Survey/2015 dated 15.06.2015 and 05.08.2015 and No.63/IO_DIV.II/Survey/2015 dated 15.06.2015 and 05.08.2015 and No.63/IO_DIV.II/Survey/2015/MEC dated 11.09.2015 and quash the same. For Petitioners : Mr.Kandhan Duraisami in both WPs For Respondents : Ms.T.Girija, in both WPs Govt. Advocate for R1 Mr.S.P.Srinivasan for R2 & R3. COMMON ORDER
By consent, both these Writ Petitions are taken up for final disposal at the admission stage itself.
2. Heard Mr.Kandhan Duraisami, learned counsel appearing for the petitioner, Ms.T.Girija, learned Government Advocate appearing for the first respondent and Mr.S.P.Srinivasan, learned counsel appearing for R2 and R3.
3. The petitioner challenges the Government Order passed by the first respondent bringing the educational institutions under the purview of Employees' State Insurance Act, 1948.
4. The issue involved in these writ petitions are squarely covered by the decision of the First Bench of this Court in W.A.No.1233 of 2011 etc. batch, dated 09.06.2015. The order passed by the First Bench reads as follows - Learned counsel for the parties state that as recorded in the order dated 05.05.2005 reported in 2005 (5) SCC 1 (State of I.P. Vs. Jai Bir Singh), the question of law has been referred to the Larger Bench of the Honourable Supreme Court, i.e. whether the Employees' State Insurance Act, 1948 would apply to educational institutions. Interim orders have been operating in the present matter.
2. In view of the aforesaid position, the writ appeals and the writ petitions are disposed of by agreement that the interim orders would continue till the disposal of the matter by the Honourable Supreme Court and the parties would naturally remain bound by the legal position enunciated by the Honourable Supreme Court on such decision being rendered. No costs. Consequently, connected miscellaneous petitions are closed.
5. Following the above order, these writ petitions are disposed of holding that there will be an interim order restraining the respondents from enforcing the demand till the disposal of the matter before the Honourable Supreme Court and the petitioner would be bound by the legal position enunciated by the Honourable Supreme Court on such decision being rendered. No costs. Consequently, connected miscellaneous petitions are closed.
03.06.2016 rgr N.KIRUBAKARAN, J.
rgr To The Principal Secretary, Government of Tamil Nadu, Labour and Employment Department, Fort St.George, Chennai 600 009.
2.The Deputy Director (Revenue) Employees' State Insurance Corporation, Sub Regional Office (Salem) 39/57, Theerthamalai Vaniga Valagam, Three Road, Salem 0 636 009.
3.The Social Security Officer, Salem Division-II, ESI Corporation, 1/241, Kumaran Tower, Alagapuram Post, Salem 636 004.
W.P. No.18748 & 18749 of 2016 03.06.2016