Tamilnadu Nursery Primary v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2015

CORAM:

THE HONOURABLE MR. SANJAY KISHAN KAUL, THE CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM Writ Appeal Nos. 918, 3, 4 and 222 of 2013 and W.P.Nos.27895 of 2011;

23986, 19758, 23889, 33133, 29653 & 29654 of 2012; 30613, 22240, 18199, 18200, 20185, 26661, 30185, 27677, 24371, 24612 & 31640 of 2013;

25883, 11327, 11328, 29254, 31194, 30474, 24717, 16892, 28115 & 6563 to 6565 of 2014;

and W.P.Nos. 6734 and 8701 of 2015 1 TAMILNADU NURSERY PRIMARY MATIRCULATION AND HIGHER SECONDARY SCHOOLS MANAGEMENTS ASSOCIATION REP BY ITS GS MR. D.CHRISTDASS OLD NO. 64 NEW 122 CHENNAI -600005.

... PETITIONER in WA No.918 of 2013 1 MUTHU RATHINA ARANGAM MATRICULATION SCHOOL KOUNDANPALAYAM PUDUCHERRY REP BY ITS ADMINISTRATIVE OFFICER MR.E.KRISHNAMURTHY ... PETITIONER in WA No.3 of 2013 1 SRI SAIMATHA ENGLISH HIGH SCHOOL REP BY ITS CORRESPONDENT MR.V.BALAKRISHNAN DRAUPATHI AMMAN KOIL ST DHARMAPURI ... PETITIONER in WA No.4 of 2013 1 TAMILNADU NURSERY PRIMARY MAT. AND HR. SEC. SCHOOL ASSOCIATION REGN.NO.138/2003 REP BY ITS STATE GENERAL SECRETARY K.R.NANDAKUMAR NO.14/260 II FLR PETERSRD ROYAPETTAH ... PETITIONER in WA No.222 of 2013

2 1- CAUSE TITLE AMENDED VIDE ORDER OF COURT DT.12/2/2015 MADE IN MP1/2015 IN WANO.222/2013 1 P.S.N.A.COLLEGE OF ENGINEERING AND TECHNOLOGY KOTHANDARAMAN NAGAR DINDIGUL RUNNING BY SRI RANGALAKSHMI EDUL.

TRUST NO.18 MARIAMMAN KOIL ST WEST K.K.NAGAR CHENNAI 78 ... PETITIONER in WP No.27895 of 2011 1 JAYAGOVIND HARIGOPAL AGARWAL AGARSEN COLLEGE NO.1 MANJAMBAKKAM ROAD MADHAVARAM CHENNAI 60 ... PETITIONER in WP No.23986 of 2012 1 SRI KANYAKA PARAMESWARI ARTS & SCIENCE COLLEGE FOR WOMEN REP. BY ITS SECRETARY NO.1 AUDIAPPA NAICKEN STREET CHENNAI-1.

... PETITIONER in WP No.19758 of 2012 1 SAI RAM MATRICULATION HIGHER SECONDARY SCHOOL REP. BY ITS SECRETARY -MR.M. VASU NO.5 HAKKIM AJMAL KHAN ROAD GORIPALAYAM MADURAI AND DISTRICT PIN-625002.

... PETITIONER in WP No.23889 of 2012 1 ISLAMIAH COLLEGE(AUTONOMOUS) REP. BY ITS SECRETARY & CORRESPONDENT NEW TOWN VANIYAMBADI 635 752 ... PETITIONER in WP No.33133 of 2012 1 JOSHUA MATRICULATION SCHOOL REP. BY THE CORRESPONDENT S.EDITH AMBEDKAR STREET EXTENSION OLD PERUNGALATHUR CHENNAI-63.

... PETITIONER in WP No.29653 of 2012 1 M.R.MATRICULATION HIGHER SECONDARY SCHOOL REP. BY ITS SECRETARY R.PREMKUMAR NO.69 NERKUNDRAM ROAD METTUKUPPAM-107.

... PETITIONER in WP No.29654 of 2012

1 ASSOCIATION OF MANAGEMENT OF PVT.SCHOOLS REP BY ITS SECRETARY GIRIDHARI P SHAH RAJA ANNAMALAI ROAD COIMBATORE 640 011 ... PETITIONER in WP No.30613 of 2013 1 SAM PAUL EDUCATIONAL TRUST NO.1 JAYA NAGAR REDDIARPALAYAM PUDUCHERRY-10 REP. BY ITS CHAIRMAN DR. S.R.S.PAUL.

... PETITIONER in WP No.22240 of 2013 1 ALVERNIA MATRIC HR. SEC SCHOOL REP. BY ITS PRINCIPAL REV.SR.SELINA TRICHY ROAD RAMANATHAPURAM COIMBATORE.

... PETITIONER in WP No.18199 of 2013 1 DON BOSCO MAT. HR. SEC. SCHOOL REP. BY ITS CORRESPONDENT REV. FR.S.X.AMAL RAJ SRINIVASA NAGAR CHENNAI-99 ... PETITIONER in WP No.18200 of 2013 1 OUR LADY OF LOURDES HR. SEC. SCHOOL REP. BY ITS CORRESPONDENT REV.SR. FATIMA KOTTAMPATTY PALLADAM ROAD POLLACHI-642 002. ... PETITIONER in WP No.20185 of 2013 1 DR.G.S.KALYANASUNDARAM MEMORIAL SCHOOL (FOUNDED & MANAGED BY GKR FOUNDATION) REP. BY CORRESPONDENT S.VIJAYARAGHAVAN PATTESWARAM RD CHOZHAN MALIGAI KUMBAKONAM TK-612 703 ... PETITIONER in WP No.26661 of 2013 1 ST. JOSEPHS INSTITUTE OF TECHNOLOGY REP. BY ITS PRINCIPAL JEPPIAAR NAGAR RAJIV GANDHI SALAI CHENNAI-119 ... PETITIONER in WP No.30185 of 2013 1 ANNAI VAILANKANNI MATRICULATION SCHOOL REP.BY ITS CORRESPONDENT REP.FR.BALA SAMY SASTRI NAGAR VYASARPADI VYASARPADI CHENNAI-39 ... PETITIONER in WP No.27677 of 2013

1 ST.JOSEPHS COLLEGE OF ENGINEERING REP.BY ITS PRINCIPAL JEPPIAAR NAGAR RAJIV GANDHI SALAI CHENNAI-119 ... PETITIONER in WP No.24371 of 2013 1 TAMILNADU PRIVATE SCHOOLS ASSN.

REP BY ITS SECRETARY S.P.D.KANAGASABAI AT G.S.R.MATRIC HIHER SECONDARY SCHOOL PALAMALAI ROAD PERIANAIKENPALAYAM COIMBATORE 20 ... PETITIONER in WP No.24612 of 2013 1 OUR LADY OF HEALTH NURSERY AND PRIMARY SCHOOL REP. BY ITS CORRESPONDENT REV. SR. JEYASEELI LITTLE MOUNT CHENNAI-15 ... PETITIONER in WP No.31640 of 2013 1 TAMIL NADU MATRICULATION SCHOOLS ASSN.

REP. BY GENL. SECRETARY Y.S.V.SUBBA RAO @ BABU DURGA MATRIC. HR. SEC. SCHOOL 1/49 SIVAN KOIL ST KODAMBAKKAM POWER HOUSE CH-24.

... PETITIONER in WP No.25883 of 2014 1 DON BOSCO MATRICULATION SCHOOL REP. BY ITS CORRESPONDENT G.N.T.ROAD KARANODAI CHENNAI-67 ... PETITIONER in WP No.11327 of 2014 1 NAVA JYOTHI VIDYALAYA MATRIC. SCHOOL REP. BY ITS CORRESPONDENT 56/22A BRINDAVAN NAGAR ERNAVOOR CHENNAI-57 ... PETITIONER in WP No.11328 of 2014 1 TAMIL NADU NURSERY & PRIMARY SCHOOL MANAGEMENTS ASSOCIATION REP. BY ITS PRESIDENT MR. C.WINCENT A-2 NANDHA ENCLAVE NO.14 BAJANAI KOIL STREET PUZHUTHIVAKKAM CHENNAI-91.

... PETITIONER in WP No.29254 of 2014 1 SACRED HEART GIRLS HIGH SCHOOL REP. BY ITS CORRESPONDENT PRESENTATION CONVENT CHURCH PARK CHENNAI-600 006 ... PETITIONER in WP No.31194 of 2014

1 THE SALVATION ARMY HAVEN MATRICULATION HIGHER SECONDARY SCHOOL REP.BY ITS EDU. SECRETARY MAJOR T.CH. ABRAHAM NO.21 THIRU NARAYANA GURU ROAD DOVETON CHENNAI-600 112 ... PETITIONER in WP No.30474 of 2014 1 DON BOSCO NURSERY AND PRIMARY SCHOOL REP. BY ITS CORRESPONDENT 27 BROADWAY CHENNAI-108 ... PETITIONER in WP No.24717 of 2014 1 MARIA MATRICULATION HR. SEC.SCHOOL REP. BY ITS CORRESPONDENT NEW NO.24 WEST MADHA CHURCH ROAD ROYAPURAM CHENNAI-13 ... PETITIONER in WP No.16892 of 2014 1 ST. URSULA ANGLO-INDIAN HR. SEC. SCHOOL REP. BY ITS CORRESPONDENT PRESENTATION CONVENT CHURCH PARK CHENNAI-6. PETITIONER in WP No.28115 of 2014 1 SRE SAKTHIMAYEIL INSTITUTE OF NURSING AND RESEARCH REP. BY ITS CHAIRPERSON NH -47 SALEM MAIN ROAD NATARAJAPURAM KOMARAPALAYAM 638 183 NAMAKKAL DISTRICT ... PETITIONER in WP No.6563 of 2014 1 J.K.K.

NATARAJA DENTAL COLLEGE & HOSPITAL REP. BY ITS SECRETARY P.B.NO.151 NATARAJAPURAM NH -47 KOMARAPALAYAM 638 183 NAMAKKAL DISTRICT ... PETITIONER in WP No.6564 of 2014 1 J.K.K.NATARAJA COLLEGE OF PHARMACY REP. BY ITS CHAIRPERSON NATARAJAPURAM NH -47 SALEM MAIN ROAD KOMARAPALAYAM 638 183 NAMAKKAL DISTRICT ... PETITIONER in WP No.6565 of 2014 1 SRI VIDYA MANDIR ASSOCIATION REP BY ITS SECRETARY K.N.LAKSHMANAN SHIVAJI NAGAR SALEM 636 003 ... PETITIONER in WP No.

1 OUR LADY OF FATIMA NURSERY AND PRIMARY SCHOOL REP. BY ITS CORRESPONDENT REV.SR. ANASTHAS SIRIYAPUSHPAM 1252 BIG BAZAAR STREET COIMBATORE-641001.

... PETITIONER in WP No.8701 of 2015 .Vs.

1.THE STATE OF TAMILNADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT LABOUR AND EMPLOYMENT DEPARTMENT FORT ST.GEORGE CHENNAI 600 009.

... Ist RESPONDENT in WA No.918/13,222/13 2.EMPLOYEES STATE INSURANCE CORPORATIN REP BY ITS REGIONAL DIRECTOR PANCHDEEP STERLING ROAD NUNGAMBAKKAM CHENNAI 600 034 ... 2nd RESPONDENT in WA No.918/13,222/13 3.THE GOVERNMENT OF PONDICHERRY REP BY ADDITIONAL SECRETARY TO GOVT LABOUR LABOUR DEPT GENERAL SECRETARIAT PUDUCHERRY ... 1st RESPONDENT in WA No.3/13 & 4/13 and 1st RESPONDENT IN WP.22240/13 4.THE EMPLOYEES STATE INSURANCE CORPN REGIONAL OFFICE PUDUHCERRY REP BY ITS REGIONAL DIRECTOR BOUVANKARTE ST MUDALIARPET PUDUCHERRY.

... 2ND RESPONDENT in WA No.3/13 & 4/13 and 2ND RESPONDENT IN WP.22240/13 5.THE GOVERNMENT OF PONDICHERRY REP BY ADDITIONAL SECRETARY TO GOVT LABOUR LABOUR DEPT GENERAL SECRETARIAT PUDUCHERRY ... RESPONDENT in WA No.4 of 2013 6.THE EMPLOYEES STATE INSURANCE CORPN REGIONAL OFFICE PUDUHCERRY REP BY ITS REGIONAL DIRECTOR BOUVANKARTE ST MUDALIARPET PUDUCHERRY.

... R3 in WA No.4 of 2013

7.THE DEPUTY DIRECTOR THE ESIC REGIONAL OFFICE PUDUCHERY RETPD BY ITS REGIONAL DIRECTOR BOUVANKARE ST MUDALIRPET PUDUCHERY ... R3 in WA No.4 of 2013 8.THE ASSISTANT DIRECTOR AUTHRISED OFFICER ESI CORPORATION NO.178 100 FEET ROAD ANSARI DURAISAMY NAGAR PUDUCHERY ... R4 in WA No.4 of 2013 9.THE GOVERNMENT OF TAMILNADU REP BY ITS PRINCIPAL SECRETARY LABOUR AND EMPLOYMENT DEPT.

FORT ST.GEORGE CHENNAI 9 ... R1 in WP.27985/11,23986/12,19758/12, 23889/12,33133/12,29653/12,29654/12, 30613/13,18199/13,18200/13,20185/13, 26661/13,30185/13,27677/13,24371/13, 24612/13,31640/13,25883/14,11327/14, 11328/14,29254/14,31194/14,30474/14, 24717/14,16892/14,28115/14,6563/14, 6564/14,6565/14,6734/15 & 8701/15 10.SUB REGIONAL OFFICE EMPLOYEES STATE INSURANCE CORPORATION ESI CORPORATION 2ND WEST STREET K.K. NAGAR MADURAI 625 020 ... R2 IN WP.27895/11 11.THE EMPLOYEES STATE INSURANCE CORPORATION REP BY ITS ADDITIONAL COMMISSIONER AND REGIONAL DIRECTOR OFFICE NO.143 STERLING ROAD NUNGAMBAKKAM CHENNAI 34 ... R2 IN WP.23986/12,19758/12,24612/13,33133/12 12.THE EMPLOYEES STATE INSURANCE CORPORATION REP BY ITS DEPUTY DIRECTOR NO.143 STERLING ROAD NUNGAMBAKKAM CHENNAI 34 ... R2 IN WP.30185/13,30474/14,24371/13 ... R3 IN WP.23986/12,33133/12

13.THE EMPLOYEES STATE INSURANCE CORPORATION REP BY ITS SOCIAL SECURITY OFFICER INSPECTION OFFICE (MOOLAKADAI) COOKS ROAD PERAMBUR CHENNAI 12 ... R4 IN WP.23985/12 14.THE EMPLOYEES STATE INSURANCE CORPORATION REP. BY ITS ADDITIONAL COMMISSIONER & REGIONAL DIRECTOR OF ESIC NO.143 STERLING ROAD NUNGAMBAKKAM CHENNAI-34.

... R3 IN WP.19758/12 15.THE EMPLOYEES STATE INSURANCE CORPORATION REP. BY ITS SOCIAL SECURITY OFFICER ESI DISPENSARY COMPLEX 68 BASIN BRIDGE ROAD KONDITHOPE CHENNAI-21.

... R4 IN WP.19758/12 16.EMPLOYEES STATE INSURANCE CORPORATION(T.N) REP. BY ITS REGIONAL DIRECTOR PANCHDEEP STERLING ROAD NUNGAMBAKKAM CHENNAI-34.

... R2 IN WP.23889/12,29633/12,29654/12, 30613/13,18199/13,18200/13,20185/13, 27677/13,31640/13,25883/14,11327/14, 29254/14,24717/14,16892/14,28115/14 & 6734/15 17.E.S.I. REGIONAL CORPORATION(TAMIL NADU) REP. BY ITS REGIONAL DIRECTOR 143 STERLING ROAD CHENNAI-34.

... R2 IN WP.29633/12,29653/12,29654/12, 18200/13,31640/13,24717/14,28115/14, 30613/13,18199/13,27677/13,20185/13, 11327/14,11328/14,16892/14,6734/15,8701/15 18.E.S.I. REGIONAL CORPORATION/OFFICE REP. BY ITS ASSISTANT/DEPUTY DIRECTOR 143 STERLING ROAD CHENNAI-34.

... R3 IN 29633/12,29653/12,29654/12, 24717/14,18200/13,31640/13,11327/14, 11328/14,16892/14,28115/14

19.THE MANAGER BRANCH OFFICE ESI CORPORATION NO.38 KUMMALLAMMAN KOIL STREET TONDIARPET CHENNAI.

... R4 IN WP.29633/12,29653/12, 29654/12,16892/14 20.G.S.BALAJI TGT KOLA PERUMAL SENIOR SECONDARY SCHOOL ARUMBAKKAM CHENNAI 106 ... R3 IN WP.30613/13 21.CHITRA RAMESH PGT MAHARISHI VIDYA MANDIR SENIOR SECONDARY SCHOOL NO.28 DR.GURUSAMY ROAD CHENNAI 31 ... R4 IN WP.30613/13 22.E.S.I. - SUB-REGIONAL OFFICE REPRESENTED BY ITS DEPUTY DIRECTOR 1897 TRICHY ROAD PANCHDEEP COMPLEX RAMANATHAPURAM COIMBATORE-641 045 ... R3 IN WP.18199/13,20185/13, 8701/15 23.THE MANAGER BRANCH OFFICE ESI CORPORATION RAMANATHAPURAM PANCHDEEP BHAVAN NEAR ESI DISPENSARY TRICHY ROAD SINGANALLUR COIMBATORE-641 005.

... R4 IN WP.18199/13 24.EMPLOYEES STATE INSURANCE CORPORATION REP. BY ITS DEPUTY DIRECTOR SUB REGIONAL OFFICE (SALEM) 39/57 THREE ROAD SALEM-636 009.

... R2 IN WP.26661/13,6563/14, 6564/14,6565/14 25.ESI- SUB REGIONAL CORPORATION(TAMILNADU) REP.BY ITS REGIONAL DIRECTOR 143 STERLING ROAD CHENNAI-34 ... R3 IN WP.27977/13

26.THE RECOVERY OFFICER OFFICE OF THE RECOVERY OFFICER ESI CORPORATION PANCHDEEP BHAVAN 143 STERLING ROAD NUNGAMBAKKAM CHENNAI-34 ... R4 IN WP.27677/13 ... R3 IN WP.30474/14 27.THE SOCIAL SECURITY OFFICER ESI CORPORATION 143 STERLING ROAD CHENNAI-34 ... R4 IN WP.31640/13,31194/14,24717/14 28.THE MANAGER ESI BRANCH OFFICE NO.17A MUTHAIYAL STREET NEAR CHINNAMALAI (AGS) CHURCH LITTLE MOUNT SAIDAPET CHENNAI-15 ... R5 IN WP.31640/13 29.EMPLOYEES STATE INSURANCE CORPORATION REP. BY ITS REGIONAL DIRECTOR PANCHDEEP STERLING ROAD NUNGAMBAKKAM CHENNAI-34.

... R2 IN WP.25883/14,29254/14,6734/15 30.THE MANAGER BRANCH OFFICE ESIC BUILDING ESI DISPENSARY COMPLEX G.N.T. ROAD POZHAL CHENNAI ... R4 IN WP.11327/14,11328/14 31.THE REGIONAL DIRECTOR REGIONAL CORPORATION (TAMILNADU) 143 STERLING ROAD CHENNAI-34 ... R2 IN WP.31194/14,8701/15 32.THE DEPUTY DIRECTOR REGIONAL CORPORATION PANCHDEEP BHAWAN 143 STERLING ROAD CHENNAI-34 ... R3 IN WP.31194/14 33.THE MANAGER BRANCH OFFICE ESI DISPENSARY COMPLEX 55 BASIN BRIDGE CHENNAI ... R5 IN WP.24717/14

34.EMPLOYEES STATE INSURANCE CORPORATION REP. BY ITS BRANCH MANAGER BRANCH OFFICE PALLIPALAYAM GOVT. OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT SPB COLONY ERODE-10 ... R3 IN WP.6563 TO 6565/14 These Writ Appeals 918/13, 3/13, 4/13 & 222/13 filed under Clause 15 of the Letters patent against the Order dated in WP.4570/11, dated 14.03.11, WP.2471/07, Order dated 04.01.11, WP.24691/10 order dated 04.01.11 and WP.30999/12 order dated 22.11.12 respectively. WP.Nos.4570/11, 2471/07, 24691/10 & 30999/12 : These Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari a) Calling 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, dt.26.11.2010 as published in the Tamil Nadu Govt. Gazette No.51, dt.29.12.

2010 in Part-II Section-II and quash the same.(WP.4570/11) b) Calling for the records relating to Order No.6563/Lab/K/2004 dated 24.06.2005 passed by the Ist respondent, order No.55-42257E1/1118 dt.23.06.2006 and PY/D5/INS/55-42257-E1/522 dated 29.12.2005 passed by the 2nd respondent quash the same.(WP.2471/07) c) Calling for the records relating to Order No.6563/Lab/K/2004 dt 24.6.2005 passed by the 1st respondent and proceeding No. 55-00042259-000-1302/C-18 (Adhoc)/ 2996 dt 11.8.2010 passed by the 4th respondent and quash the same.(WP.24691/10) d) Calling 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, dt 26.11.2010 as published in the Tamilnadu Government Gazette No.51, dt 29.12.2010 in part II Section II and quash the same.(WP.

30999/12) WP No.27895 of 2011 Calling for the records relating to the G.O.Ms.No.237, Labour and Employment (K1) dt 26th November 2010 and published at page 879 of Part II, Section 2 of the Tamilnadu Government Gazette No.51 dt 29.12.2010 and the letter of the 2nd respondent dt 16.8.2011 and quash the same.

WP No.23986 of 2012 calling for the records of the respondents relating to the G.O.M.No.237, Labour and Employment (K1) on 26th November 2010 published vide Tamilnadu Government Gazette in Part II Section 2 dt 29.12.2010 and Government vide Labour and Employment Department Notification No. II (2)LE/265/2008 published at page 206 of part II Section 2 of the Tamilnadu Government Gazette, dt 4th June, 2008, extending Employees State Insurance Scheme to Private Educational Institutions in all the implemented area under Employees State Insurance Act by the 1st respondent and consequent impugned letters vide No. Survey dt 31.1.2011 of the 4th respondent informing the petitioner that the petitioner College was inspected under 45 of the ESI Act herein after referred to in a short as ESI Act and attendant proceedings vide No.

51/P/11/19/2011/Inspn/Edu/First Coverage (S.No.22), dated 15.02.2012 of the 2nd Respondent and attendant proceedings 51.P/11/18/2012/ Inspn/Coverage/Edn/Vol.1(S.No.52) dated 07.08.2012 and letter dated 08.08.2012 of the 4th respondent in so far as they relate to the petitioner institution. WP No.19758 of 2012 Calling for the records of the Respondents relating to the Impugned Notification extending Employees State Insurance Scheme to Private Educational Institutions in all the implemented area under Employees State Insurance Act by G.O.Ms.No.237, Labour and Employment (K1) Department on 26th November 2010 published vide Tamilnadu Government Gazette in Part-II Section 2 dated 29.12.2010 and consequential Impugned letter of the 4th Respondent dated 31.1.2011 vide No.

TN/ESIC/GT/ 51/Survey/PM/SSO informing the petitioner that the petitioner college was inspected under Section 45 of the Employees State Insurance Act, hereinafter referred to in short as the ESI Act based on notification and allocation of Code No.51001013000001303 on 20.09.11 with show Cause notice vide Letter No.Ins VIII/51001013000001303/4282012247-501 dated 12.06.12 for alleged failure to make contribution for period April 2011 to December 2011 with Summons to appear before the 3rd Respondent on 10.07.12 served on the President of the Petitioner College and quash the same. WP No.23889 of 2012 Calling 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 Govt. Gazette No.51, dated 29.12.

WP No.33133 of 2012 calling for the records of the respondents relating to the Notification extending Employees State Insurance Scheme to Private Educational Institutions in all the implemented area under Employees State Insurance Act by G.O.M.No.237, Labour and Employment (K1) on 26th November 2010 published vide Tamilnadu Government Gazette in Part II Section 2 dated 29.12.2010 and Government vide Labour and Employment Department Notification No.II (2) LE/265/ 2008 published at Page 206 of Part II Section 2 of the Tamilnadu Government Gazette, dated 4th June, 2008 and consequent Impugned letters dated 15.2.2012 vide No. 51/P/11/18/2011/Inspn/ Edu. Inst. Coverage (S.No.63) of the 2nd respondent and 1.8.2012 vide 51P/11/18/2012/ Inspn/Coverage/Edn/Vol.II (S.No.47) of the 3rd Respondent. WP No.

29653 of 2012 Calling for the records pertaining to the impugned G.O.Ms.No.237 Labour and Employment (K1) Department dated 26.11.2010 passed by the 1st respondent and the consequential proceedings of the 3rd respondent dated 28.2.2011 and 24.4.2012 in Code No.51-00-092367-0001301 and quash the same in respect of the petitioner school. WP No.29654 of 2012 Calling for the records pertaining to the impugned G.O.Ms.No.237 Labour and Employment (K1) Department dated 26.11.2010 passed by the 1st respondent and the consequential proceedings of the 3rd respondent dated 11.1.2012 in Code No.51001018180001302 and quash the same in respect of the petitioner school.

WP No.30613 of 2013 calling for the records culminating in impugned Proceedings of G.O.Ms.No.237 Labour and Employment Department [K1] 26/10/2010 and published at page 879 of part II Section 2 of Tamilnadu Gazette No.51 dated 29.12.2010 for extension of the providions of the Act to the Educational Institutions run by individuals, trustees, societies or other organizations, wherein twenty or more persons are employed or were employed on any day of the proceeding twelve months, with effect from date of publication of the Notification and quash the same. WP No.22240 of 2013 Calling for the records relating to the impugned notification of the 1st Respondent in 6563/Lab/K/2004 dt. 24/06/2005, quash the same as far as it relates to the petitioner administered institutions are concerned.

WP No.18199 of 2013 Calling for the records pertaining to the impugned G.O.(Ms) No.237 Labour and Employment (K1) Department dated 26.11.2010 passed by 1st respondent and the consequential proceedings of the 3rd respondent dated 4.6.2013 in Code No.56001107710001302/ 3152013438 and quash the same in respect of the petitioner school.

WP No.18200 of 2013 Calling for the records pertaining to the impugned G.O.(Ms) No.237 Labour and Employment (K1) Department dated 26.11.2010 passed by 1st respondent and the consequential order of the 3rd respondent dated 6.6.2013 in Code No.TN/ Ins.VIII/ 51-00- 092422-000-1302/C18 Adhoc174/12 and quash the same in respect of the petitioner school. WP No.20185 of 2013 Calling for the records pertaining to the impugned G.O.(Ms) No.237 Labour and Employment (K1) Department dated 26.11.2010 passed by 1st respondent and the consequential proceedings of the 3rd respondent dated 21.5.2013 in Code No. 56001111330001302/ 31920131057 and quash the same in respect of the petitioner school. WP No.26661 of 2013 Calling for the records of the respondents relating to the order of the 1st respondent in G.O.Ms. No.

237, Labour and Employment (K1) Department dated 26.11.2010 and published at Page 879 of Part II Section 2 of the Tamil Nadu Government Gazette No.51 dated 29.12.2010 and the orders of the 2nd respondent in No.63000931640001302/ C-18 (Adhoc)/ 248/2013 dated 19.8.2013 and No.63000931640001302/ C-18 (Adhoc)/ 229/2012 and No.63000931640001302/ C-18 (Adhoc)/ 230/2012 dated 31.10.2012 and quash the same.

WP No.30185 of 2013 calling for the records of the respondents relating to the order of the 1st respondent in G.O.Ms. No.237, Labour and Employment (K1) dated 26.11.2010 and published at page 879 of part II Section 2 of the Tamilnadu Government Gazette No.51, dated 29.12.2010 and the orders of the 2nd respondent in user I.D. 51001073180001304 dated 17.10.2013 and quash the same.

WP No.27677 of 2013 calling for the records pertaining to the impugned G.O.(Ms) No.237 Labour and Employment (K1) dated 26.11.2010 passed by 1st respondent and the consequential proceedings of the 3rd respondent vide his proceedings dated 5.6.2013 in TN/INS. VIII/ 51-00-102578-000-1302 C-

18 Adhoc 561/13 and quash the same in respect of the petitioner school.

WP No.24371 of 2013 calling for the records of the respondents relating to the order of the 1st respondent in G.O.Ms.No.237, Labour abd Employment (K1) dated 26.11.2010 and published at page 879 of part II section 2 of the Tamilnadu Government Gazette No.51 dated 29.12.2010 and the orders of the 2nd respondent user I.D.51001064140001304 dated 31.7.2013 and quash the same.

WP No.24612 of 2013 calling for the records relating to G.O.Ms. No. 237 Labour and Employment (K1) dt 26.11.2010 passed by the 1st respondent, quash the same.

WP No.31640 of 2013 calling for the records pertaining to the impugned G.O.(MS) No.237, Labour and Employment (K1) Department dated 26.11.2010 passed by 1st respondent and the consequential proceedings of the 3rd respondent dated 22.10.2013 in 51001073680001301 and quash the same in respect of the petitioner school.

WP No.25883 of 2014 Calling 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 Govt. Gazette No.51, dated 29.12.2010 in Part-II Section-II and quash the same.

WP No.11327 of 2014 calling for the records pertaining to the impugned G.O.(Ms) No.237 Labour and Employment (K1) dated 26.11.2010 passed by 1st respondent and the consequential proceedings of the 3rd respondent dated 21.3.2014 in Code No.51001088070001302 and quash the same in respect of the petitioner school.

WP No.11328 of 2014 calling for the records pertaining to the impugned G.O.(Ms) No.237 Labour and Employment (K1) dated 26.11.2010 passed by 1st respondent and the consequential proceedings of the 3rd respondent dated 1.10.2013 in Code No.51001071820001302 and quash the same in respect of the petitioner school.

WP No.29254 of 2014 Calling 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 Govt. Gazette No.51, dated 29.12.2010 in Part-II Section-II and quash the same.

WP No.31194 of 2014 calling for the records pertaining to the impugned G.O.(MS) No.237 Labour and Employment (K1) dated 26.11.2010 passed by 1st respndent and the consequential proceedings of the 3rd respondent dated 22.7.2014 in NO.TN/ D-5/Ins. VIII/ 51-00- 107373- 000-1302 and quash the same in respect of the petitioner school. WP No.30474 of 2014 calling for the records relating to G.O.Ms.No.237- Labour and Employment (K1) dated 26.11.2010 published in the Tamilnadu Government Gazette NO.51 on 29.12.2010 by the 1st respondent and the order of the 2nd respondent dated 26.9.2013 made under Section-45A of the Employees State Insurance Act under reference TN/ INS. VIII/ 5100- 101249-000-1302/ C18 ad-hoc- 2282-12, quash the same. WP No.

24717 of 2014 calling for the records pertaining to the impugned proceedings of the 3rd respondent dated 23.7.2014 in TN/INS VIII/ 51-00-107210-000-1301, C-18 Adhoc and quash the same in respect of the petitioner school. WP No.16892 of 2014 calling for the records pertaining to the impugned G.O.(MS) No.237, Labour and Employment (K1) dated 26.11.2010 passed by 1st respondent and the consequential proceedings of the 3rd respondent dated 21.4.2014 in Code No.51001090920001302 and quash the same in respect of the petitioner School.

WP No.28115 of 2014 Calling for the records pertaining to the impugned G.O.(Ms) No.237 Labour and Employment (K1) dated 26.11.2010 passed by 1st respondent and the consequential proceedings of the 3rd respondent dated 22.07.2014 in No. TN/INS/VIII/ 51-00-107337-000-1302 and quash the same in respect of the petitioner school.

WP No.6563 of 2014 calling for the records of the 1st respondent in G.O.Ms.No.237, Labour and Employment (K1) dated 26.11.2010 and published at page 879 of part II Section 2 of the Tamilnadu Government Gazette NO.51 dated

29.12.2010 and the consequential order of the 2nd respondent in No.C 11 dated 25.6.2013 and the consequential order of the 3rd respondent in No.6300094174000135 dated 24.7.2013 and quash the same. WP No.6564 of 2014 calling for the records of the 1st respondent in G.O.Ms.No.237, Labour and Employment (K1) dated 26.11.2010 and published at page 879 of part II Section 2 of the Tamilnadu Government Gazette NO.51 dated 29.12.2010 and the consequential order of the 2nd respondent in No.C 11 dated 25.6.2013 and the consequential order of the 3rd respondent in No.63000941690001305 dated 24.7.2013 and quash the same. WP No.6565 of 2014 calling for the records of the 1st respondent in G.O.Ms.No.237, Labour and Employment (K1) dated 26.11.2010 and published at page 879 of part II Section 2 of the Tamilnadu Government Gazette NO.51 dated 29.12.

2010 and the consequential order of the 2nd respondent in No.C 11 dated 25.6.2013 and the consequential order of the 3rd respondent in No.63000941730001305 dated 24.7.2013 and quash the same. WP No.6734 of 2015 call for the records relating to 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 Tamilnadu Government Gazette dated 29.12.2010 in Part II Section II and quash the same as unsustainable, arbitrary, violative of Art. 14 of the Constitution of India, violative of principles of natural justice. WP No.8701 of 2015 Calling for the records pertaining to the impugned G.O.(MS) No.237 Labour and Employment (K1) Department dated 26.11.2010 and the consequential proceedings of the 3rd respondent in Code No.

56001110990001301/ 3182013450 dated 12.04.2013 and quash the same in so far as they relate to the Petitioner School. For Appellant/Petitioner : Mr. R. Suresh Kumar in WA.No.918/2013, WP.Nos.23889/2012 & 29254/2014.

Mr.P.V.S.Giridhar in WA.Nos.3 & 4/2013 Mr. M. Venkadeshan in WA.No.222/2013 Mr. J. Pothiraj in W.P.No.25883/2014 Mr. S. Namasivayan in WP.30613/2013 Mr. B. Rabu Manohar in WP.22240/2013

Mr.S.Puran Khemka in WP.Nos.23986, 19758 & 33133 of 2012 Dr.FR.A.Xavier Arulraj in W.P.Nos.

11327 & 11328, 31194, 24717, 16892 & 28115 of 2014; 18199, 18200, 20185, 27677, 31640 of 2013; & 8701 of 2015 Ms.S.Hemalatha in W.P.No.27895/2015 Mr.K.Jayachandran in WP.6734/2015 Mr.V.G.SureshKumar in WP.30474/2014 Mr.R.Natarajan in W.P.Nos.26661, 30185 & 24371 of 2013 Mr.C.R.Prasannan in WP.24612/2013 Mr.G.Sankaran in W.P.No.29653/2012 Mr.A.Jenasenan in WP.Nos.6563 to 6565 of 2014.

For Respondents : Mr. S.T.S.Murthi Government Pleader, assisted by V.R. Kamalanathan Addl. Govt. Pleader for R1 in all cases Ms.S.Jayakumari for R2 in all cases Mr.R.Sridhar Govt. Advocate (Puducherry) Mr.T.N.C.Kaushik COMMON JUDGMENT (Delivered by The Hon'ble The Chief Justice) Learned counsel for the parties state that as recorded in the order dated 05.05.2005, reported in 2005 (5) SCC 1 (State of U.P vs. Jai Bir Singh), the question of law has been referred to the Larger Bench of the Honourable Supreme Court, i.e. whether the Employees' State Insurance Act, 1948, would apply to educational institutions. Interim orders have been operating in the present matters.

2. In view of the aforesaid position, the writ appeals and the writ petitions are disposed of by agreement that the interim orders

would continue till the disposal of the matter by the Honourable Supreme Court and the parties would naturally remain bound by the legal position enunciated by the Honourable Supreme Court on such decision being rendered. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ATR To

1. THE GOVERNMENT OF TAMILNADU REP BY ITS PRINCIPAL SECRETARY LABOUR AND EMPLOYMENT DEPT.

FORT ST.GEORGE CHENNAI 9

2. SUB REGIONAL OFFICE EMPLOYEES STATE INSURANCE CORPORATION ESI CORPORATION 2ND WEST STREET K.K. NAGAR MADURAI 625 020

3. THE EMPLOYEES STATE INSURANCE CORPORATION REP BY ITS ADDITIONAL COMMISSIONER AND REGIONAL DIRECTOR OFFICE NO.143 STERLING ROAD NUNGAMBAKKAM CHENNAI 34

4. THE EMPLOYEES STATE INSURANCE CORPORATION REP BY ITS DEPUTY DIRECTOR NO.143 STERLING ROAD NUNGAMBAKKAM CHENNAI 34

5. THE EMPLOYEES STATE INSURANCE CORPORATION REP BY ITS SOCIAL SECURITY OFFICER INSPECTION OFFICE (MOOLAKADAI) COOKS ROAD PERAMBUR CHENNAI 12

6. THE EMPLOYEES STATE INSURANCE CORPORATION REP. BY ITS ADDITIONAL COMMISSIONER & REGIONAL DIRECTOR OF ESIC NO.143 STERLING ROAD NUNGAMBAKKAM CHENNAI-34.

7. THE EMPLOYEES STATE INSURANCE CORPORATION REP. BY ITS SOCIAL SECURITY OFFICER ESI DISPENSARY COMPLEX 68 BASIN BRIDGE ROAD KONDITHOPE CHENNAI-21.

8. EMPLOYEES STATE INSURANCE CORPORATION(T.N) REP. BY ITS REGIONAL DIRECTOR PANCHDEEP STERLING ROAD NUNGAMBAKKAM CHENNAI-34.

9. E.S.I. REGIONAL CORPORATION(TAMIL NADU) REP. BY ITS REGIONAL DIRECTOR 143 STERLING ROAD CHENNAI-34.

10.E.S.I. REGIONAL CORPORATION/OFFICE REP. BY ITS ASSISTANT/DEPUTY DIRECTOR 143 STERLING ROAD CHENNAI-34.

11.THE MANAGER BRANCH OFFICE ESI CORPORATION NO.38 KUMMALLAMMAN KOIL STREET TONDIARPET CHENNAI.

12.G.S.BALAJI TGT KOLA PERUMAL SENIOR SECONDARY SCHOOL ARUMBAKKAM CHENNAI 106 13.CHITRA RAMESH PGT MAHARISHI VIDYA MANDIR SENIOR SECONDARY SCHOOL NO.28 DR.GURUSAMY ROAD CHENNAI 31 14.E.S.I. - SUB-REGIONAL OFFICE REPRESENTED BY ITS DEPUTY DIRECTOR 1897 TRICHY ROAD PANCHDEEP COMPLEX RAMANATHAPURAM COIMBATORE-641 045

15.THE MANAGER BRANCH OFFICE ESI CORPORATION RAMANATHAPURAM PANCHDEEP BHAVAN NEAR ESI DISPENSARY TRICHY ROAD SINGANALLUR COIMBATORE-641 005.

16.EMPLOYEES STATE INSURANCE CORPORATION REP. BY ITS DEPUTY DIRECTOR SUB REGIONAL OFFICE (SALEM) 39/57 THREE ROAD SALEM-636 009.

17.ESI- SUB REGIONAL CORPORATION(TAMILNADU) REP.BY ITS REGIONAL DIRECTOR 143 STERLING ROAD CHENNAI-34 18.THE RECOVERY OFFICER OFFICE OF THE RECOVERY OFFICER ESI CORPORATION PANCHDEEP BHAVAN 143 STERLING ROAD NUNGAMBAKKAM CHENNAI-34 19.THE SOCIAL SECURITY OFFICER ESI CORPORATION 143 STERLING ROAD CHENNAI-34 20.THE MANAGER ESI BRANCH OFFICE NO.17A MUTHAIYAL STREET NEAR CHINNAMALAI (AGS) CHURCH LITTLE MOUNT SAIDAPET CHENNAI-15 21.EMPLOYEES STATE INSURANCE CORPORATION REP. BY ITS REGIONAL DIRECTOR PANCHDEEP STERLING ROAD NUNGAMBAKKAM CHENNAI-34.

22.THE MANAGER BRANCH OFFICE ESIC BUILDING ESI DISPENSARY COMPLEX G.N.T. ROAD POZHAL CHENNAI 23.THE REGIONAL DIRECTOR REGIONAL CORPORATION (TAMILNADU) 143 STERLING ROAD CHENNAI-34

24.THE DEPUTY DIRECTOR REGIONAL CORPORATION PANCHDEEP BHAWAN 143 STERLING ROAD CHENNAI-34 25.THE MANAGER BRANCH OFFICE ESI DISPENSARY COMPLEX 55 BASIN BRIDGE CHENNAI 26.EMPLOYEES STATE INSURANCE CORPORATION REP. BY ITS BRANCH MANAGER BRANCH OFFICE PALLIPALAYAM GOVT. OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT SPB COLONY ERODE-10 27.THE ADDITIONAL SECRETARY TO GOVT LABOUR LABOUR DEPT GENERAL SECRETARIAT PUDUCHERRY 28.THE REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPN REGIONAL OFFICE PUDUHCERRY BOUVANKARTE ST MUDALIARPET PUDUCHERRY.

+3cc's to Mr.R.Suresh Kumar, Advocate, S.R.No.29309 to 29311 +2cc's to Mr.G.Sankaran, Advocate, S.R.No.29913 +1cc to Mr.M.Venkadeshan, Advocate, S.R.No.29455 +13cc's to Dr.FR.A.Xavier Arulraj, Advocate, S.R.No.29367 +3cc's to Mr.R.Natarajan, Advocate, S.R.No.29400 +1cc to Mr.B.Rabu Manohar, Advocate, S.R.No.29319 +1cc to Mr.S.Namasivayan, Advocate, S.R.No.29317 +1cc to Mr.V.G.Suresh Kumar, Advocate, S.R.No.29307 +1cc to Mr.T.N.C.Kaushik, Advocate, S.R.No.29937 +1cc to the Government Pleader, S.R.No.29382 +2cc's to the Senior Government Pleader(Puducherry), S.R.No.29467 & 29468 W.A. Nos.918 of 2013 and etc. batch RJ(CO) CA(16/09/2015)