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Madras High CourtWP/3226/2021disposed of

Sacred Heart Matrictulation Higher Secondary School v. The Government Of Tamil Nadu

2025-06-16Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.3226 of 2021 and WMP.Nos.28635 & 3660 of 2021 Sacred Heart Matriculation Higher Secondary school Rep. by it Correspondent No. 216 Anna Salai Church Park Chennai 600 006 ... Petitioner Vs.

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

2. E.S.I. - Regional Corporation (Tamil Nadu), The Regional Director, 143 Sterling Road, Chennai 600034.

3. E.S.I. - Regional Corporation (Tamil Nadu), The Deputy Director, Panchdeep Bhawan, 143 Sterling Road, Chennai 600034.

4. E.S.I. - Regional Corporation (Tamil Nadu), Social Security Officer, ESI Corporation,,Chennai 600034.

... Respondents [Cause title is amended as per the order of this Court dated 16.06.2025 in W.M.P.No.6576 of 2021 in W.P.No.3226 of 2021 by (PTAJ)] 1/5

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India Calling for the records pertaining to dated 22.01.2020 in No.TN / Ins VIII / 51-00-107355 - 000 - 1302 on the file of the 3rd respondent in respect of the petitioner school and quash the same directing the respondents to considerer representation of the petitioner for waiver of arrears of contribution Interest and Damages u/s 91C of ESI Act, 1948 in terms of the order dated 29.07.2020 of the Full Bench of this Honble High Court in the batch of writ petitions in W.P.No.34236 of 2019.

For Petitioner : Dr.Fr.A.Xavier Arulraj, Senior Counsel for M/s.A.Arul Mary For Respondent : M/s.M.Jayanthi, AGP for R.1 : M/s.T.W.Kaushik for R.2 to R.4

O R D E R

The above Writ Petition is filed for the following reliefs:- " Calling for the records pertaining to dated 22.01.2020 in No.TN / Ins VIII / 51-00-107355 - 000 - 1302 on the file of the 3rd respondent in respect of the petitioner school and quash the same directing the respondents to considerer representation of the petitioner for waiver of arrears of contribution Interest and Damages u/s 91C of ESI Act, 1948 in terms of the order dated 29.07.2020 of the Full Bench of this Honble High Court in the batch of writ petitions in W.P.No.34236 of 2019."

2. Heard the learned counsel on either side.

2/5

3. The proceedings of the 3rd respondent which is sought to be quashed is only a show cause notice demanding interest on the delayed payment of ESI contribution. The petitioner has rushed to this Court seeking to quash the same without issuing reply or filing an original petition before the ESI Court under Section 75 (1) (G) of the ESI Act.

4. Therefore, considering the fact that it is a show cause notice that is sought to be challenged, the Writ Petition is disposed of directing the petitioner to submit their explanation to the show cause notice and on such explanation being offered the same shall be considered by the 3rd respondent who shall consider the merits of the case and pass orders accordingly. No costs. Consequently, the connected Miscellaneous Petitions are closed. 16.06.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 3/5

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

2. E.S.I. - Regional Corporation (Tamil Nadu), The Regional Director, 143 Sterling Road, Chennai 600034.

3. E.S.I. - Regional Corporation (Tamil Nadu), The Deputy Director, Panchdeep Bhawan, 143 Sterling Road, Chennai 600034.

4. E.S.I. - Regional Corporation (Tamil Nadu), Social Security Officer, ESI Corporation,,Chennai 600034.

P.T. ASHA . J., 4/5

(shr) W.P.No.3226 of 2021 and WMP.Nos.28635 & 3660 of 2021 16.06.2025 (3/4) 5/5