Sri Kavisri Educational v. The Government Of Puducherry,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and M.P.No.2 of 2014 Sri Kavisri Educational Society, Educational Agency of Sri Jayadurga English Middle School, represented by its Correspondent, Kariyamanikkam Main Road, Sooramangalam, Puducherry-605 107.

... Petitioner -Vs1. The Government of Puducherry, represented by its Additional Secretary to Government (Labour), Labour Department, General Secretariat, Puducherry.

2. The Employees' State Insurance Corporation, represented by its Regional Director, No.178, 100 Feet Road, Anasari Duraisamy Nagar, (Opp to R.T.O.), Puducherry-605 004.

3. The Deputy Director, The Employees' State Insurance Corporation, represented by its Regional Director, No.178, 100 feet Road, Ansari Duraisamy Nagar, (Opp to R.T.O), Puducherry-605 004.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records relating to Order No.6563/Lab/K/2004 dated 24.06.2005 passed by the first respondent and Order No.55-00-045597-000-1301 dated 21.02.2014 passed by the third respondent quash the same. For Petitioner : Ms.A.Divya Selva Rani for M/s Giridhar and Sai For Respondents R1 : Mrs.V.Usha Additional Government Pleader (Pondy) R2 and R3 : No appearance

ORDER

This Writ Petition has been filed calling for the records relating to Order No.6563/Lab/K/2004 dated 24.06.2005 passed by the first respondent and Order No.55-00-045597-000-1301 dated 21.02.2014 passed by the third respondent, thereby directing the petitioner to take immediate steps for registration of their employees through on-line

registration, payment of contributions by generating challan under IT roll and maintenance of records etc., from the date of coverage of the petitioner's school under the Act.

2. Heard the learned counsel for the petitioner and the learned counsel for the first respondent and perused the materials available on record.

3. The petitioner is an Educational Society and it is established for the purpose of providing education to children. It is running classes from LKG to 8th standard and is affiliated to the State Board. It is the private school. While being so, on Inspection found that the school is covered under ESI Act and issued an order dated 21.02.2014, thereby informed that the petitioner's school is also covered under the ESI Act, with effect from 10.06.2013. However, the petitioner was directed to fill Form-01 and submit to the third respondent. Accordingly, the petitioner is required to pay ESI contribution for the past period for its employees. The ESI Act was extended to the private educational institutions in Puducherry by notification dated 24.06.2005. However, it was under

challenge by writ petitions and the same were dismissed by this Court. Aggrieved by the same, writ appeals were filed and the appeals are also pending before this Court. However, the learned counsel for the petitioner reported that there is no instructions from the petitioner.

4. Therefore, this Court finds no infirmity or illegality in the orders passed by the first and third respondents and the writ petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. No costs. 10.07.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

To

1. The Additional Secretary to Government (Labour), The Government of Puducherry, Labour Department, General Secretariat, Puducherry.

2. The Regional Director, The Employees' State Insurance Corporation, No.178, 100 Feet Road, Anasari Duraisamy Nagar, (Opp to R.T.O.), Puducherry-605 004.

3. The Deputy Director, The Employees' State Insurance Corporation, No.178, 100 feet Road, Ansari Duraisamy Nagar, (Opp to R.T.O), Puducherry-605 004.

G.K.ILANTHIRAIYAN, J.

mn 10.07.2023