Csi Polytechnic College v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2016
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. No.23675 of 2016 and W.M.P.Nos.20269 & 20270 of 2016 C S I Polytechnic College Represented by its Correspondent Yercaud Main Road, Salem - 636 007.
...Petitioner
Vs.
1.The State of Tamil Nadu Rep.by its Principal Secretary to Government, Labour & Employment Department, Fort St. George, Chennai - 600 009.
2.Employees State Insurance Corporation, Represented by its Regional Director, Sterling Road, Nungambakkam, Chennai - 600 034.
3.The Assistant Director, Sub Regional Office (Salem) Employees State Insurance Corporation, 39/157, Theerthamalai Vaniga Valagam, 3 Roads, Salem - 630 009.
... Respondents PRAYER : Writ petitions filed under Article 226 of the Constitution of India for issue of writ of certiorari calling for entire records in respect of the impugnedG.O.Ms.No.237, Labour and Employment (K1) Department dated 26.11.2010, published in Tamil Nadu Government Gazette Notification No.51 Part II - Section 2 dated 29.12.2010 from the file of the 1st respondent and the consequential proceedings pursuant to the order No.63000931280001304/45A/INS/SRO/SLM dated 15.04.2016 from the file of the 3rd respondent so far as it relates to the petitioner.
For Petitioner : Mr.D.Shivakumaran For Respondents: Ms.T.Girija, Govt. Advocate for R1 Mr.S.P.Srinivasan for R2 & R3.
O R D E R
By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
2. Heard Mr.D.Shivakumaran, learned counsel appearing for the petitioner, Ms.T.Girija, learned Government Advocate appearing for the first respondent and Mr.S.P.Srinivasan, learned counsel appearing for the second and third respondents.
3. The petitioner challenges the Government Order passed by the first respondent bringing the educational institutions under the purview of Employees' State Insurance Act, 1948.
4. The issue involved in this writ petitions are squarely covered by the decision of the First Bench of this Court in W.A.No.1233 of 2011 etc. batch, dated 09.06.2015. The order passed by the First Bench reads as follows - "Learned counsel for the parties state that as recorded in the order dated 05.05.2005 reported in 2005 (5) SCC 1 (State of I.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 matter.
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."
5. Following the above order, these writ petitions are disposed of holding that there will be an interim order restraining the respondents from enforcing the demand till the
disposal of the matter before the Honourable Supreme Court and the petitioner would be 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 rgr To 1.The Principal Secretary to Government, State of Tamil Nadu Labour & Employment Department, Fort St. George, Chennai - 600 009.
2.The Regional Director, Employees State Insurance Corporation, Sterling Road, Nungambakkam,Chennai - 600 034.
3.The Assistant Director, Sub Regional Office (Salem) Employees State Insurance Corporation, 39/157, Theerthamalai Vaniga Valagam, 3 Roads, Salem - 630 009.
+1cc to Mr.D. Shivakumar, Advocate, S.R.No.38076. +1cc to the Government Pleader, S.R.No.39076 NRJK(CO) EU(01/08/2016) W.P. No.23675 of 2016