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Madras High CourtWP/20523/2015dismissed

Adhiparasakthi Agricultural v. Government Of Tamilnadu

2017-08-28Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.20523 to 20526 of 2015 & M.P.Nos.2 to 2 of 2015 Adhiparasakthi Agricultural College, Rep. by its Executive Trustee/ Vice President, Mrs.V.Lakshmi, Run by Adhiparasakthi Charitable Medical Educational and Cultural Trust, G.B.Nagar, Kalavai, Arcot Taluk, Vellore District. ... Petitioner in WP.20523 of 2015 Adhiparasakthi College of Arts and Science, Run by Adhiparasakthi Charitable Medical Educational and Cultural Trust, G.B.Nagar, Kalavai, Arcot Taluk, Vellore District, Rep.by its Executive Trustee. ... Petitioner in WP.20524 of 2015 Adhiparasakthi College of Education, Run by Adhiparasakthi Charitable Medical Educational and Cultural Trust, G.B.Nagar, Kalavai, Arcot Taluk, Vellore District, Rep.by its Executive Trustee. ... Petitioner in WP.20525 of 2015 Adhiparasakthi Engineering College, (Formerly known as Adhiparasakthi Engineering College for Women) Run by Adhiparasakthi Siddhar Peeda Women's Charitable Trust, G.B.Nagar, Kalavai, Arcot Taluk, Vellore District, Rep.by its Secretary.

... Petitioner in WP.20526 of 2015 Vs.

1. Government of Tamil Nadu, Rep. by its Principal Secretary, Labour and Employment (K1) Department, Fort St. George, Chennai-600 009.

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

3. Employees' State Insurance Corporation, Rep. by its Deputy Director, 143, Sterling Road, Chennai-600 034.

... Respondents in all W.Ps Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the first respondent in G.O.(MS) No.237, Labour and Employment (K1) Department, dated 26.11.2010 and quash the same. For Petitioner : Mr.Anand Gopalan For Respondents : Mr.K.Dhananjayan for R1 Special Government Pleader Mr.G.Bharad Waj for R2 & R3 C O M M O N O R D E R The relief sought for in these batch of writ petitions are calling for the records of the first respondent in G.O.(MS) No.237, Labour and Employment (K1) Department, dated 26.11.2010 and quash the same.

2.The Hon'ble Supreme Court of India dismissed a batch of cases filed in SLP(C) No.28285 of 2009 etc., dated 15th March, 2016. By following the orders of the Hon'ble Supreme Court of India, this Court passed final orders on 20th March, 2017 in Writ petition No.42247 of 2016 as hereunder:

"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 respondents 2 and 3 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 instalments. It is made clear that the order would cover the past arrears till the month of March, 2017 and thus from the month of April, 2017, the petitioner is bound to pay the ESI contribution on regular basis.

No costs.

Consequently, connected miscellaneous petitions are closed."

3.In view of the above orders passed by this Court, these writ petitions are dismissed. However, there shall be no orders as to costs.

Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar abr To

1. The Principal Secretary, Government of Tamil Nadu, Labour and Employment (K1) Department, Fort St. George, Chennai-600 009.

2. The Regional Director, Employees' State Insurance Corporation, 143, Sterling Road, Chennai-600 034.

3. The Deputy Director, Employees' State Insurance Corporation, 143, Sterling Road, Chennai-600 034.

+1cc to Mr.G.Bharad Waj, Advocate, S.R.No.62517 +1cc to M/s.T.S.Gopalan & Co., Advocate, S.R.No.62169 W.P.Nos.20523 to 20526 of 2015 AK(CO) CA(25/09/2017)