E.S.I.Regional Corporation v. Avila Convent Matriculation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 6.7.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE G.JAYACHANDRAN W.A.No.608 of 2017 and C.M.P.No.8427 of 2017 1 E.S.I. - Regional Corporation (Tamil Nadu) Rep by its Regional Director 143 Sterling Road Chennai-600034 2 Deputy Director (INS-IV) E.S.I.Sub- Regional Office (Tamil Nadu) 1897 Trichy Road Panchdeep Complex Ramanathapuram Coimbatore- 641 045 3 Assistant Director E.S.I.-Sub-Regional Office (Tamil Nadu) 1897 Trichy Road Panchdeep Complex Ramanathapuram Coimbatore- 641 045 .. Appellants/ Respondents 2 to 4

Versus

1 Avila Convent Matriculation Higher Secondary School Rep by its Correspondent Coimbatore- 641 025 .. 1st Respondents/Petitioner 2 The Government of Tamil Nadu Rep by its Principal Secretary Labour and Employment Department Fort St. George Chennai-600 009 .. 2nd Respondent/1st Respondent Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 16.12.2016 passed in W.P.No.43423 of 2016. filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records pertaining to the impugned G.O(MS)NO.237 Labour and Employment (K1) dated 26.11.2010 issued by first respondent and the proceedings dated 21.03.2011 in No.56-00-110857-000-1302/Ins.2 issued by the fourth respondent and the consequential proceedings dated

12.08.2016 in No.56001108570001302/Ins IV on the file of the 3rd Respondent and quash the same in respect of the Petitioner school.

For appellants : Mr.SP.Srinivasan R1 No Ready Notice - NA For R2 : Mr.V.Jayaprakash Narayanan, Special Government Pleader

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties for some time.

2. With regard to similar issue, the S.L.P. filed by Kerala Unaided School Manager Association in S.L.P.No.28285 of 2009 has already been disposed of by the Supreme Court by order dated 15.3.2016. Such being the case, this appeal is no more res integra. Accordingly, the writ appeal is disposed of. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ssk.

To 1.

THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU, LABOUR AND EMPLOYMENT FORT.ST.GEORGE, CHENNAI-9 2.

THE REGIONAL DIRECTOR, E.S.I.REGIONAL CORPORATION (TAMIL NADU) 143, STERLING ROAD, CHENNAI-34

3. DEPUTY DIRECTOR (INS-IV) E.S.I.SUB REGIONAL OFFICE TAMIL NADU, 1897, TRICHY ROAD, PANCHDEEP COMPLEX RAMANATHAPURAM, COIMBATORE-045.

4. THE ASSISTANT DIRECTOR E.S.I.SUB REGIONAL OFFICE TAMIL NADU 1897, TRICHY ROAD, PANCHDEEP COMPLEX RAMANATHAPURAM, COIMBATORE-045.

+1cc to Mr.S.P.Srinivasan,Advocate Sr.No.47329 +1cc to Government Pleader Sr.No.47277 W.A.No.608 of 2017 SSI(CO) CS/10/08/17