Cbse Schools Management v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:06.09.2016
CORAM
THE HON'BLE MR.JUSTICE N.KIRUBAKARAN W.P.No.30924 of 2016 and WMP.Nos.26790 and 26791 of 2016 CBSE Schools Management Assn. (CSMA) (Regn. No.88/2014) rep. by its Secretary Mr.P.Ashok Shankar No.249A Ganapathi Pudur Street No.3 Sathi Main Road Coimbatore 641 006 [ Petitioner] Vs 1 The State of Tamilnadu rep. by its Principal Secretary Labour and Employment Department Fort St. George Chennai-9 2 Employees State Insurance Corporation rep. by its Additional Commissioner and Regional Director 143 Sterling Road Nungambakkam Chennai-34 [ Respondents] Prayer: Writ petition No.2341416 filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari calling for the records of the 1st respondent relating to G.O.Ms.No.237 Labour and Employemnt (K1) dated 26.11.2010 and quash the same For Petitioner : Mr.T.Gowthaman For Respondents : Mr.K.Prabakaran (R2) Mr.M.Elumalai, GA (R1)
ORDER
Mr.K.Prabakaran, learned counsel, takes notice on behalf of the 2nd respondent and Mr.M.Elumalai, learned Government Advocate, takes notice on behalf of the 1st respondent.
2. This writ petition is filed challenging G.O.Ms.No.237 Labour and Employemnt (K1) dated 26.11.2010.
3. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that in similar circumstances, the First Bench of this Court has disposed of the Writ Appeal in W.A.No.2285 of 2011 by Judgment dated 03.06.2015, which reads as follows:- "Learned counsel for the parties state that as recorded in the order dated 17.01.2013, the question of law has been referred to the larger Bench of the Hon'ble 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 appeal is 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, M.P.No.1 of 2011 is closed".
4. Following the same, this writ petition is also disposed of on the same lines. No costs. Connected miscellaneous petitions are closed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar rg To 1 Principal Secretary The State of Tamilnadu Labour and Employment Department Fort St. George Chennai-9 2 Additional Commissioner and Regional Director Employees State Insurance Corporation 143 Sterling Road Nungambakkam Chennai-34
+1 cc to Mr.T.Gowthaman Advocate sr 50227 +1 cc to Mr.K.Prabhakar Advocate sr 50791 W.P.No.30924 of 2016 aa20/09/2016