Esi Regional Corporation (Tamilnadu) v. Csi Ewart Matriculation Higher Secondary School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.01.2023 Coram:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Writ Appeal No.1444 of 2021 ---

1. ESI-Regional Corporation (Tamilnadu), Represented by its Regional Director, 143, Sterling Road, Chennai-600 034.

2. ESI-Regional Corporation (Tamilnadu), Represented by its Deputy Director, 143, Sterling Road, Chennai-600 034.

.. Appellants Vs.

1. C.S.I.Ewart Matriculation Higher Secondary School, Plot No.22/1, Soundarya Colony, Anna Nagar West Extension, Chennai-600 101.

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

.. Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 21.12.2020 passed by the learned Single Judge, in Writ Petition 1 / 4

No.18899 of 2020 on the file of this Court.

For appellants : Mr.R.Sankara Narayanan, Addl. Solicitor General (South) assisted by Mr.G.Bharadwaj For respondents: M/s.A.Arul Mary for R-1 Mrs.E.Ranganayaki, Addl.G.P. for R-2

JUDGMENT

When the Writ Appeal is taken up for hearing, it is represented by the learned Additional Solicitor General appearing for the appellants/ESI Corporation that the ESI Corporation has received the payment of dues from the first respondent/School and the issue has become academic.

2. Learned counsel appearing for the first respondent/School submitted that the entire amount due had been paid to the appellants/ESI Corporation and prayed that the Writ Appeal may be closed, as nothing requires for further adjudication in the matter.

3. It is further submitted by the learned counsel appearing for the first respondent/School that the issue with regard to payment of interest and damages, may be left open to be decided by the appropriate forum, and accordingly, the same is left open to be decided by the appropriate forum, if 2 / 4

not already decided.

4. Taking note of the fact that the issue has already been resolved by payment of ESI Corporation dues, we close this Writ Appeal, as the issue has become infructuous. There shall be no order as to costs. (S.V.N.,J) (J.S.N.P., J) 20.01.2023 cs To

1. ESI-Regional Corporation (Tamilnadu), Represented by its Regional Director, 143, Sterling Road, Chennai-600 034.

2. ESI-Regional Corporation (Tamilnadu), Represented by its Deputy Director, 143, Sterling Road, Chennai-600 034.

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

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S.VAIDYANATHAN, J and J.SATHYA NARAYANA PRASAD, J cs 20.01.2023 4 / 4