Madras High Court
De Nobili Matriculation Hr.Sec. School vs )The Government Of Tamil Nadu on 11 June, 2015
Bench: Sanjay Kishan Kaul, S.Manikumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2015 CORAM THE HONOURABLE Mr.SANJAY KISHAN KAUL, The Chief Justice and THE HONOURABLE Mr.JUSTICE S.MANIKUMAR W.P(MD)No.2763 of 2012 Writ Petition(MD)Nos.2763, 8986, 11949 and 15794 of 2012, 256, 1209, 1716, 2386, 2418, 2389, 3468, 4407, 4434, 5028, 6808, 6877, 6933 to 6939, 7149, 9933 to 9935, 13339, 13608, 13609, 13615, 13964, 14464, 14916, 15625, 16592, 16829, 16961, 18456, 18457, 19878, 19891 and 20755 of 2013, 1227, 1241, 1822, 4557, 4556, 4689, 5255, 5256, 5310, 5300, 9546, 9547, 11273, 11279, 12337, 14152, 15761, 17053 and 18042 to 18044 of 2014, 441, 546, 813 to 815, 1077, 1438, 3878, 6660 and 7997 of 2015 and connected miscellaneous petitions De Nobili Matriculation Hr.Sec. School, Represented by its Correspondent, K.Pudur, Madurai-625 007. ... Petitioner vs. 1)The Government of Tamil Nadu, represented by its Principal Secretary, Labour and Employment Department, Fort St.George, Chennai-600 009. 2)E.S.I ? Regional Corporation (Tamil Nadu) Represented by its Regional Director, 143, Sterling Road, Chennai-600 034. 3)Employees' State Insurance Corporation, Represented by Assistant Director, Sub-Regional Office, ESI Corporation, 2nd West Street, K.K. Nagar, Madurai-625 020. 4)The Social Security Officer, ESI Corporation, Madurai. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned GO(Ms)No.237 Labour and Employment (K1) dated 26.11.2010 and the consequential proceedings of the 3rd respondent in respect of Code No.57000711220001302 dated 22.02.2011, and quash the same in so far as they relate to the petitioner school. !For Petitioner : Mr.T.Lajapathi Roy for Mr.FR.A.Xavier Arulraj For First Respondent : Mr.B.Pugalenthi, Special Government Pleader For Respondent Nos.2 to 4 : Mr.K.C.Ramalingam :COMMON ORDER
(Order of the Court was made by The Hon'ble Chief Justice) In connected matters, W.A.No.1233 of 2011 etc., batch, dated 09.06.2015, the Principal Seat has passed the following order:-
?Learned counsel for the parties state that as recorded in the order dated 05.05.2005 reported in 2005 (5) SCC 1 (State of U.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, 1984, would apply to educational institutions. Interim orders have been operating in the present matter.
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.''
2.The present writ petitions are also disposed of in terms of the above said order. No costs. Consequently, connected miscellaneous petitions are closed.
To:
1)The Principal Secretary to Government of Tamil Nadu, Labour and Employment Department, Fort St.George, Chennai-600 009.
2)The Regional Director, E.S.I ? Regional Corporation (Tamil Nadu) 143, Sterling Road, Chennai-600 034.
3)The Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, ESI Corporation, 2nd West Street, K.K. Nagar, Madurai-625 020.
4)The Social Security Officer, ESI Corporation, Madurai.