Hindusthan College Of Arts v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 2.4.2018
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.418 of 2018 and C.M.P.No.3600 of 2018 Hindusthan College of Arts & Science, rep. by its Executive Trustee and Secretary K.Priya Hindustan Gardens, (Behind Nava India) Avinashi Road, Coimbatore 641 028.
...Appellant/Petitioner
Versus
1. The State of Tamil Nadu, rep. by its Principal Secretary to Government, Labour and Employment Department, Secretariat, Fort St. George, Chennai 600 009.
2. The E.S.I. Regional Corporation, rep. by its Regional Director, 143, Sterling Road, Chennai 600 034.
3. The E.S.I. Sub Regional Officer, rep. by its Deputy Director, 1897, Trichy Road, Ramanathapuram, Coimbatore 641 045. ..Respondents/Respondent Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 5.12.2017 passed in W.P.No.31463 of 2017 on the file of this court.
W.P.No.31463 of 2017:
Petition is filed under Article 226 of the constitution of India, praying for issuance of 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 passed by the 1st Respondent and the consequential proceedings of the 3rd respondent in Ref. No.56001107680001303/ CP/233285 CK41838 dated 31.10.2017 and quash the same.
For appellant : Mr.A.Panneerselvam For R1 : Mr.P.S.Sivashanmugasundaram Special Government Pleader
JUDGMENT
(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant and Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader, who takes notice on behalf of the first respondent.
2. The matter relates to coverage of educational institutions within the ambit of the Employees State Insurance Act, 1948. The writ appeal has been filed by the writ petitioner-College, challenging the order passed by the learned Single Judge whereby the learned Single Judge dismissed the writ petition by holding that the educational institutions are also coming within the ambit of the said Act and directed the appellant-institution to pay the entire arrears of contributions in twelve equal instalments.
3. When the writ appeal was taken up for hearing, it is brought to the notice of this court that the issue is no longer res integra in view of the decision of the Honourable Supreme Court following which this Bench had already, in a similar situation in W.A.No.1308 of 2017, has held by judgment dated 26.10.2017 that the institution concerned is bound to pay the Employee State Insurance contribution. Further, in the present case, the learned Single Judge has also dealt with the arrears of contribution to be paid in twelve equal instalments. Therefore, we do not find any reason to interfere with the order passed by the learned Single Judge. The appellant-institution shall pay the arrears of contribution in twelve equal monthly instalments and shall continue to pay the ESI contribution on regular basis from the ensuing month. The writ appeal is disposed of accordingly.
No costs.
The connected miscellaneous petition is closed.
s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar ssk.
To:
1. The Principal Secretary to Government, Labour and Employment Department, Secretariat, Fort St. George, Chennai 600 009.
2. The Regional Director, E.S.I. Regional Corporation, 143, Sterling Road, Chennai 600 034.
3. The E.S.I. Sub Regional Officer, rep. by its Deputy Director, 1897, Trichy Road, Ramanathapuram, Coimbatore 641 045.
+1 CC to Mr.S. Gunalan, Advocate sr 24232.
+1 CC to Govt. Pleader sr 24620.
W.A.No.418 of 2018 VGII(CO) SP(03/05/2018)