Holy Family Convent v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2016
CORAM
THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P.Nos.31891 to 31895 of 2016 and WMP Nos.27653 to 27662 of 2016 Holy Family Convent Matriculation Higher Secondary School, Represented by the Correspondent S.Ukkadam, Coimbatore - 641 001 .. Petitioner in WP No.31891/2016 Christhu Jyothi Matriculation Higher Secondary School, Represented by the Correspondent, No.13, Bhavani Main Road, Peria Agraharam, Erode - 638 005.
.. Petitioner in WP No.31892/2016 Annai Mary Nursery and Primary School Represented by its Correspondent Karavaikkal, Erode - 638 001.
.. Petitioner in WP No.31893/2016 St. Joseph's Matriculation Higher Secondary School, Represented by its Correspondent Opposite to Park Road, Kangayem Road, Tiruppur - 641 604.
.. Petitioner in WP No.31894/2016 Mary Rani Nursery and Primary School Represented by its Correspondent Gandhipuram, Coimbatore - 641 012.
.. Petitioner in WP No.31895/2016 Vs
1.The Government of Tamilnadu, represented by its Principal Secretary Labour & Employment Department Fort St George, Chennai 600009.
2.ESI - Regional Corporation [Tamil Nadu] Represented by its Regional Director, 143, Sterling Road, Chennai 600 034.
3.ESI - Sub Regional Office [Tamil Nadu] Represented by its Asst. Director (IPN) for Director 1897, Trichy Road, Panchdeep Complex, Ramanathapuram, Coimbatore - 641 045.
.. Respondents 1 to 3 in all WPs 4.ESI - Sub Regional Officer [Tamil Nadu] Represented by its Dy.Director (INS-IV) 1897, Trichy Road, Panchdeep Complex, Ramanathapuram, Coimbatore - 641 045. .. 4th Respondent in WP Nos.31891,31892&31894/2016 4.Assistant Director, ESI - Sub Regional Officer [Tamil Nadu] 1897, Trichy Road, Panchdeep Complex, Ramanathapuram, Coimbatore - 641 045.
.. 4th Respondent in WP Nos.31893/2016 5.Manager Branch office, ESI Corporation, Kattoor, Kaaleswaram Nagar, Kattoor, Coimbatore - 641 009.
.. 5th Respondent in WP No.31891/2016 5.Manager Branch office, ESI Corporation, K.G.Palayam, 518, Cavery Road, Erode - 638 003 .. 5th Respondent in WP No.31892/2016
5.Manager Branch office, ESI Corporation, KNP Puram, 39 Kaveri Street, Meghala House, Odakakadu, Tirupur - 641 602.
.. 5th Respondent in WP No.31894/2016 Prayer in WP.31891/2016 :
Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of certiorari calling for the records pertaining to the impugned G.O [Ms] No.237 Labour and Employment [K1] dated 26.11.2010 passed by the 1st respondent and the proceedings dated 01.06.2011 in No.56-00-110925-000-1302/Ins.II on the file of the 3rd respondent and the consequential proceedings dated 12.08.2016 in No.56-00-110925-000-1302/Ins.IV on the file of the 4th respondent and quash the same in respect of the petitioners school. WP.No.31892/2016:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari Calling for the records pertaining to the impugned G.O. (Ms).NO. 237 Labour and Employment (K1) dated 26.11.2010 issued by 1st respondent and the proceedings dated 17.02.2011 in No.
56-00110826-000-1302/Ins.3 on the file of the 4th respondent and the consequential proceedings dated 11.08.2016 in No. 56-00-110826000-1302/Ins IV on the file of the 3rd respondent and quash the same in respect of the petitioner school. WP.No.31893/2016:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari Calling for the records pertaining to the impugned G.O. (Ms).NO. 237 Labour and Employment (K1) dated 26.11.2010 issued by 1st respondent and the proceedings dated 17.02.2011 in No. 56-00110827-000-1301/Ins.3 issued by the 4th respondent and the consequential proceedings dated 11.08.2016 in No.
56001108270001301/Ins IV on the file of the 3rd respondent and quash the same in respect of the petitioner school WP.No.31894/2016: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of CertiorariCalling for the records pertaining to the impugned G.O. (Ms).NO. 237 Labour and Employment (K1) dated 26.11.2010 issued by 1st respondent and the proceedings dated 23.03.2011 in No. 56-56-110845-001-1302/Ins.IV on the file of the 3rd respondent and the consequential proceedings dated 12.08.2016 in No.56001108450001302/Ins IV on the file of the 4th respondent and quash the same in respect of the petitioner school
WP.No.31895/2016: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari Calling for the records pertaining to the impugned G.O. (Ms).NO. 237 Labour and Employment (K1) dated 26.11.2010 issued by 1st respondent and the consequential proceedings dated 16.08.2016 in No. 56001113650001301/Ins.IV on the file of the 3rd respondent and and quash the same in respect of the petitioner school For Petitioner : Dr.FR.A.Xavier Arulraj in all WPs Senior Counsel for M/s.A.Arul Mary For R-1 : Mr.T.M.Pappiah, in all WPs Special Govt. Pleader For R-2 to R-5 : Mr.K.Prabakaran in WP.Nos.31891 to 31894/16 for R2 & R3 in WP.31895/16 COMMON ORDER By consent, these writ petitions are taken up for final disposal at the admission stage itself.
2. Heard Dr.FR.A.Xavier Arulraj, learned counsel for the petitioners and Mr.K.Prabakaran, learned counsel accepting notice on behalf of the respondents.
3. The petitioners are Minority Educational Institution and the challenge in these writ petitions are to the Government order passed by the 1st respondent in G.O [Ms] No.237, Labour and Employment Department dated 26.11.2010 and the consequential order of the 3rd respondent dated 01.06.2011.
4. The matter relates to the extension of Employees State Insurance Scheme to the private educational institutions. In fact, in a batch of cases, various other Institutions have also challenged the very same Government Order and the consequential proceedings of the ESI Corporation. The said writ petitions and writ appeals were clubbed together and posted before the Hon'ble First Bench of this Court in WA.No.918/2013 etc., batch [TAMIL NADU NURSERY, PRIMARY, MATRICULATION AND HIGHER SECONDARY SCHOOL MANAGEMENT ASSOCIATION AND OTHERS Vs. THE GOVERNMENT OF TAMIL NADU AND OTHERS] and the Hon'ble First Bench of this Court by a common judgment and order dated 16.06.2015, disposed of the writ appeals and writ petitions on the following terms :-
"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."
5. Since the issue involved in these writ petitions are also identical to that of the other cases, this Court proposes to dispose of thes writ petitions also on the same terms.
6. Accordingly, the writ petitions are disposed of by granting an order of interim stay of the impugned proceedings insofar as the petitioners are concerned and the said order of stay will continue till the disposal of the matters before the Honourable Supreme Court and the petitioners would be bound by the legal position enunciated by the Hon'ble Apex Court on such decision being rendered. No costs. Consequently, connected WMPs are also closed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar rgr
To 1.The Principal Secretary Government of Tamilnadu, Labour & Employment Department Fort St George, Chennai 600009.
2.The Regional Director, ESI - Regional Corporation [Tamil Nadu] 143, Sterling Road, Chennai 600 034.
3.The Asst. Director (IPN) for Director ESI - Sub Regional Office [Tamil Nadu] 1897, Trichy Road, Panchdeep Complex, Ramanathapuram, Coimbatore - 641 045.
4.The Dy.Director (INS-IV)ESI - Sub Regional Office [Tamil Nadu] 1897, Trichy Road, Panchdeep Complex, Ramanathapuram, Coimbatore - 641 045.
5.The Assistant Director, ESI - Sub Regional Office [Tamil Nadu] 1897, Trichy Road, Panchdeep Complex, Ramanathapuram, Coimbatore - 641 045.
+5 ccs to M/s.A.Arulmary Advocate sr52130 +1 cc to M/s.Bharadwaj Advocate sr 52302 +1 cc to Government Pleader High Court,Madras sr 51903 to 51907 +1 cc to M/s.A.Arul Mary Advocate sr 52130 dt 25/10/2016 W.P.Nos.31891 to 31895 of 2016 aa14/10/2016