Federation Of Associations Of v. The State Of Tamilnadu

In the High Court of Judicature at Madras Dated: 03.06.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S. SIVAGNANAM Writ Appeal No. 2285 of 2011 and M.P. No. 1 of 2011 Federation of Association of Private Schools in Tamil Nadu rep. by its President Mrs. R. Visalakshi No.6-A, New No.11 P.T. Rajan Road, 20th Avenue Ashok Nagar, Chennai 600 083.

.. Appellant / Petitioner vs.

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

2. Employees State Insurance Corporation rep. by its Additional Commissioner and Regional Director 143, Sterling Road Nungambakkam, Chennai 600 034.

.. Respondents/ Respondents 1 & 2 PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 14.03.2011 passed by the learned Single Judge, in Writ Petition No.4722 of 2011 on the file of this Court. W.P.No.4722 of 2011:- Petition under Article 226 of the constitution of India praying for the issue of a writ of certiorari to call for the records relating to G.O.Ms.No.237 Labour and Employment (K1) dt 26th November 2010 passed by the 1st respondent and quash the same For Appellant :

Mr. C.R. Prasannan For Respondents: Mr. V.R. Kamalanathan Additional Government Pleader-R1 Ms. Jeyakumari for R2.

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J U D G M E N T

(Delivered by The Hon'ble The Chief Justice) Learned counsel for the parties state that as recorded in the order dated 17.01.2013, 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 appeal is 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, M.P. No.1 of 2011 is closed. Sd/- Asst.Registrar (CS III) /true copy/ Sub Asst. Registrar ATR To

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

2. The Additional Commissioner and Regional Director Employees State Insurance Corporation 143, Sterling Road Nungambakkam, Chennai 600 034.

1 cc to Government Pleader, Sr. 26540 W.A. No. 2285 of 2011 UG (CO) kk 5/6 https://hcservices.ecourts.gov.in/hcservices/