Tamil Nadu Self Financing v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019

CORAM

THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.A.No. 277 of 2013 And M.P.No. 1 of 2013 Tamil Nadu Self Financing College of Education Management Association, Rep. by its Secretary, Mr.S.Vijayakumar Old No.7, New No.11, 3rd Cross Street, West C.I.T.Nagar, Chennai - 600 035.

... Appellant/Petitioner Vs.

1.

The State of Tamil Nadu Rep. by its Principal Secretary to Government Labour and Employment Department Fort St. George Chennai - 600 009.

Employees' State Insurance Corporation Rep. by its Regional Director, "Panchdeep", Sterling Road Nungambakkam, Chennai - 600 034.

... Respondents/Respondents Writ Appeal filed under Clause 15 of Letters Patent against the order passed by this Court in W.P.No. 5257 of 2011 dated 14.03.2011.

Prayer in W.P.No.5257 of 2011:

Writ Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari to Call for the records in respect of the impugned notification issued by the 1st respondent in G.O.Ms.No.237 Labour and Employment (K1) Department dated 26.11.2010 as published in the Tamil Nadu Govt.Gazette No.51 dated 20.12.2010 in Part-II Section II and quash the same.

For Appellant : Mr. V.R.Kamalanathan For R 1 : Mr. A.N.Thambidurai Special Government Pleader For R2 : Mr. S.Jayakumar

J U D G M E N T

(Delivered by DR.VINEET KOTHARI, J) The learned counsel for the appellant submitted that a reference has been made by the 5 Judges Bench of the Hon'ble Supreme Court in the case of State of U.P. Vs. Jai Bir Singh reported in (2005) 5 SCC 1 for reconsideration of the Judgment of the Hon'ble Supreme Court in the case of Bangalor Water Supply reported in 1978 (2) SCC 213. It is submitted that and the said matter is still pending before the larger Bench of the Hon'ble Supreme Court of India.

A Co-ordinate Bench of this Court in the case of Tamilnadu Nursery Primary Matriculation and Higher Secondary Schools Managements Association Vs. State of Tamil Nadu and Employees' State Insurance Corporation in W.A.Nos. 918 of 2013 etc., batch has passed the following order on 16.06.2015:- "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."

3.

In view of the aforesaid reasons, the present Writ Appeal is disposed of on the same terms. No costs.

Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

vsg To 1.

The Principal Secretary to Government The State of Tamil Nadu Labour and Employment Department Fort St. George Chennai - 600 009.

The Regional Director Employees' State Insurance Corporation "Panchdeep", Sterling Road Nungambakkam, Chennai - 600 034.

+1cc to Mr.V.Balaji, Advocate Sr.61446 +1cc to the Government Pleader Sr.61952 W.A.No. 277 of 2013 And M.P.No. 1 of 2013 ev[co] srg 21/08/2019