Sri Dhandapani Matriculation v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.09.2017 Coram The Hon'ble Mr.Justice S.M.SUBRAMANIAM Writ Petition No.23985 of 2017 and W.M.P.Nos.25292 & 25293 of 2017 Sri Dhandapani Matriculation School Rep.by its Correspondent T.V.Angappan (Recognition No.10-M-0001-0518) Mangalam Road Tiruppur District - 641 687.
...Petitioner
Vs.
1.
The State of Tamilnadu Represented by its Principal Secretary to Government Labour & Employment Department Fort St.George, Chennai - 9.
2.
Rep. by its Regional Director 'Panchdeep', Sterling Road Nungambakkam Chennai - 600 034.
3.
The Deputy Director (INS-IV) (Sub-Regional Office), Trichy Road Panchdeep Bhavan, Ramanathapuram Coimbatore - 641 045.
...Respondents
Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari to call for the records in respect of the impugned notification issued by the 1st respondent in G.O.Ms.No.237, Labour and Employment (k1) Department dated 26.11.2010 as published in the Tamil Nadu Government Gazette No.51 dated 29.12.2010 in Part-II and consequential impugned show cause notice passed by the 3rd respondent vide No.56-00-110980-000-1302/C18 Adhoc/INS-IV dated 04.07.2017 and quash the same.
For Petitioner : Mr.M.Venkadeshan For Respondents : Mr.M.Perumal Government Advocate for R1 Mr.K.Prabakar for R2 and R3
O R D E R
The only challenge sought to be made in this writ petition is to the coverage of employee state insurance qua the private educational institution.
2.When the matter is taken up for hearing, learned counsel appearing for 2nd and 3rd respondent submits that the issue has been dealt with finally by the Apex Court in a batch of cases in SLP No.28285 of 2009 etc., and by order dated 15.03.2016, it has been held that private educational institutions are also bound to pay the employee state insurance contribution. 3.In such view of the matter, the writ petition stands dismissed. However, taking into consideration the pendency of the writ petition and the difficulties expressed by the petitioner, the arrears of ESI contribution as on today is ordered to be paid by the petitioner in 12 equal monthly installments. It is made clear that the order would cover the past arrears till the month of September, 2017 and thus from the month of October, 2017, the petitioner is bound to pay the ESI contribution on regular basis. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar jer To 1.
The Principal Secretary to Government The State of Tamilnadu Labour & Employment Department, Fort St.George, Chennai - 9.
2.
The Regional Director 'Panchdeep', Sterling Road Nungambakkam, Chennai - 600 034.
3.
The Deputy Director (INS-IV) (Sub-Regional Office), Trichy Road Panchdeep Bhavan, Ramanathapuram Coimbatore - 641 045.
+ 1 cc to Mr. K. Prabakarn, Advocate Sr.65001 + 1 cc to Mr. M. Venkadeshan, Advocate Sr.64864 + 1 cc to Government Pleader SR.64933 Writ Petition No.23985 of 2017 & W.M.P.Nos.25292 & 25293 of 2017 PVS(CO) EU(13/10/2017)