Y.W.C.A. Matriculation v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.37497 of 2016 & W.M.P.Nos.32121 & 32122 of 2016 Y.W.C.A.Matriculation Higher Secondary School, Rep. by its Principal, Avinashi Road, Coimbatore-641 018.

... Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by its Principal Secretary, Labour and Employment (K1) Department, Fort St. George, Chennai-600 009.

2. E.S.I.-Regional Corporation (Tamil Nadu) Rep. by its Regional Director, 143, Sterling Road, Chennai-600 034.

3. E.S.I.-Sub-Regional Office (Tamil Nadu) Rep. by its Deputy Director, 1897, Trichy Road, Panchdeep Complex, Ramanathapuram, Coimbatore-641 045.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records pertaining to the impugned G.O.(MS) No.237, Labour and Employment (K1) Department, dated 26.11.2010 issued by the first respondent and the consequential proceedings under Code No.56001108070001302, dated 11.08.2016 in No.56001108070001302/Ins IV, on the file of the third respondent and quash the same in respect of the petitioner school. For Petitioner : Dr.Fr.A.Xavier Arulraj, Senior Counsel for M/s.A.Arul Mary For Respondents : Mr.R.S.Selvam, R1 Government Adovcate Mr.C.V.Ramachandran Moorthy for R2 & R3

O R D E R

The relief sought for in this writ petition is calling for the records of the first respondent in G.O.(MS) No.237, Labour and Employment (K1) Department, dated 26.11.2010 and quash the same.

2.The Hon'ble Supreme Court of India dismissed a batch of cases filed in SLP(C) No.28285 of 2009 etc., dated 15th March, 2016. By following the orders of the Hon'ble Supreme Court of India, this Court passed final orders on 20th March, 2017 in Writ petition No.42247 of 2016 as hereunder:

"The only challenge sought to be made in this writ petition is to the coverage of employee state insurance qua the private educational institution. 2.When the matter is taken up for hearing, learned counsel appearing for respondents 2 and 3 submits that the issue has been dealt with finally by the Apex Court in a batch of cases in SLP No.28285 of 2009 etc., and by order dated 15.03.2016, it has been held that private educational institutions are also bound to pay the employee state insurance contribution.

3.In such view of the matter, the writ petition stands dismissed. However, taking into consideration the pendency of the writ petition and the difficulties expressed by the petitioner, the arrears of ESI contribution as on today is ordered to be paid by the petitioner in 12 equal monthly instalments. It is made clear that the order would cover the past arrears till the month of March, 2017 and thus from the month of April, 2017, the petitioner is bound to pay the ESI contribution on regular basis.

No costs.

Consequently, connected miscellaneous petitions are closed."

3.In view of the above orders passed by this Court, this writ petition is dismissed. However, there shall be no orders as to costs.

Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar abr

To

1. The Principal Secretary, The Government of Tamil Nadu, Labour and Employment (K1) Department, Fort St. George, Chennai-600 009.

2. The Regional Director, E.S.I.-Regional Corporation (Tamil Nadu) 143, Sterling Road, Chennai-600 034.

3. The Deputy Director, E.S.I.-Sub-Regional Office (Tamil Nadu) 1897, Trichy Road, Panchdeep Complex, Ramanathapuram, Coimbatore-641 045.

+1cc to the Government Pleader, S.R.No.62057 W.P.No.37497 of 2016 PVS(CO) CA(09/10/2017)