Madras High CourtWP/7632/2015dismissed as infructuous

Tasmac Uzhiyar Manila v. State Of Tamilnadu

2024-02-07Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA TASMAC Uzhiyar Manila Sammelanam Rep. by its General Secretary, No.27, Mosque Street, Chepauk, Chennai - 600 005. ... Petitioner in both WPs Vs.

1.State of Tamil Nadu Rep. by its Secretary to Government, Department of Labour and Employment, Secretariat, Fort St.George, Chennai - 600 009.

2.Employees State Insurance Corporation, Rep. by its Regional Director, 143, Sterling Road, Nungambakkam, Chennai - 600 034.

3.Managing Director, Tamil Nadu State Marketing Corporation (TASMAC), Floor No.4, Thalamuthu Natarajan Maaligai,

Gandhi Irwin Road, Egmore, Chennai - 600 008.

... Respondents in both WPs Prayer in W.P.No.7632/2015 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent G.O.(D).No.450, Labour and Employment (L1) dated 01.10.2014 in so far as the petitioner is concerned quash the same and consequently direct the first respondent to implement ESI Act.

Prayer in W.P.No.10690/2022 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent G.O.(D).No.504, dated 18.11.2021, Labour Welfare and Skill Development (L1) and quash the same and consequently direct the first respondent to implement the Employees State Insurance (ESI) Scheme or New Health Insurance Scheme, 2021 given to State Government Employees to the TASMAC workers.

In both WPs:

For Petitioner : Mr.V.Stalin For R1 : Ms.S.Anitha, Spl. GP For R2 : Mr.P.Sanjai Gandhi, GA For R3 : Mr.K.Sathishkumar, Standing Counsel COMMON ORDER It is seen that periods mentioned in the G.Os, which were passed granting exemption to the first respondent from implementing the Employees State Insurance (ESI) Scheme have expired and therefore,

nothing survives for further adjudication. Therefore, these writ petitions are dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed. 07.02.2024 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl To 1.State of Tamil Nadu Rep. by its Secretary to Government, Department of Labour and Employment, Secretariat, Fort St.George, Chennai - 600 009.

2.Employees State Insurance Corporation, Rep. by its Regional Director, 143, Sterling Road, Nungambakkam, Chennai - 600 034.

3.Managing Director, Tamil Nadu State Marketing Corporation (TASMAC), Floor No.4, Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

N.MALA, J.

mtl 07.02.2024