N.V.Polytechnic College v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.9723 of 2017 & WMP.Nos.10703 & 10704 of 2017 N.V.Polytechnic College rep.by its Chairman Samavarapatti Village Pethappampatti Udumalpet (Tk) Tirupur District 642 205 ..Petitioner -vs1. 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 (Sub Regional Office) rep.by its Director No.1897, Trichy Road Panchdeep Bhavan, Ramanathapuram Coimbatore 641 045 ..Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records of the respondents relating to the order of the first respondent in G.O.Ms.No.237, Labour and Employment (K1) dated 26.11.2010 and published at page 879 of Part II Section 2 of the Tamil Nadu Government Gazette No.51 dated 29.12.2010. For Petitioner:: Mr.Kandhan Duraisami For Respondents:: Mr.P.V.Selvakumar Additional Government Pleader for R1

ORDER

By consent, the main writ petition itself is taken up for final disposal. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the first respondent.

2. The petitioner seeks for issuance of a writ of certiorari, to quash the order of the first respondent passed in G.O.Ms.No.237, Labour and Employment (K1) dated 26.11.2010 and published at page 879 of Part II Section 2 of the Tamil Nadu Government Gazette No.51 dated 29.12.2010.

3. It is not disputed by the learned Additional Government Pleader for the first respondent that the issue involved in this writ petition is 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 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, 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."

4. Following the above order, this writ petition is 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. Consequently, W.M.P.Nos.10703 & 10704 of 2017 are closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ss

To

1. The Principal Secretary to Government Labour and Employment Department Fort St.George Chennai 600 009

2. The Director Employees' State Insurance Corporation (Sub Regional Office) No.1897, Trichy Road Panchdeep Bhavan, Ramanathapuram Coimbatore 641 045 + 1 cc to M/s. Muthumani, Advocate Sr.23982 + 1 cc to Government Pleader Sr.24351 W.P.No.9723 of 2017 KK(CO) EU 3.5.17