Trinity College For Women v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.12240 of 2016 and W.M.P.Nos.10576 & 10577 of 2016 Trinity College for Women represented by its Administrative Officer, Mohanur Road, Sanyasi Karadu (Po), Namakkal - 637 002.

.. Petitioner vs.

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

2.Employees' State Insurance Corporation, represented by its Assistant Director (Revenue), Sub Regional Office (Salem), 39/57, Theerthamalai Vaniga Valagam, Three Roads, Salem - 636 009.

3.Employees' State Insurance Corporation, represented by its Deputy Director (Revenue), Sub Regional Office (Salem), 39/57, Theerthamalai Vaniga Valagam, Three Roads, Salem - 636 009.

..

Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue 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 and the order of the third respondent in Letter No.63000931270001303/C-1B (Adhoc)/238/2012 & No.63000931270001303/C-1B (Adhoc)/239/2012, dated 31.10.2012 ending with the order of the second respondent No.63000931270001303/PH/INS/SRO/Salem dated 18.03.2016 and quash the same.

For Petitioner :

Mr.Kandhan Duraisami For Respondents :

Mr.J.Balagopal Additional Government Pleader [R1] Mrs.S.Jayakumari Government Advocate [R2 & R3]

O R D E R

By consent, the main Writ Petition itself is taken up for final disposal. Heard Mr.Kandhan Duraisami, the learned counsel for the petitioner, Mr.J.Balagopal, the learned Additional Government Pleader for the first respondent and Mrs.S.Jayakumari, the learned Government Advocate for the respondents 2 and 3.

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 the consequential proceedings of the third respondent dated 31.10.2012 and 18.03.2016.

3. It is not disputed by the learned counsel for the respondents 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."

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. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar gm To 1.The Principal Secretary, Government of Tamil Nadu, Labour and Employment Department, Fort St.George, Chennai - 600 009.

2.The Assistant Director (Revenue), Employees' State Insurance Corporation, Sub Regional Office (Salem), 39/57, Theerthamalai Vaniga Valagam, Three Roads, Salem - 636 009.

3.The Deputy Director (Revenue), Employees' State Insurance Corporation, Sub Regional Office (Salem), 39/57, Theerthamalai Vaniga Valagam, Three Roads, Salem - 636 009.

1 c to M/s.S. Jayakumari, Advocate, Sr. 20606 1 cc to M/s. Muthumani Doraisami, Advocate,Sr. 20582 W.P.No.12240 of 2016 KGK (CO) kk 13/4