Madras High CourtWP/3739/2017disposed of

The Kongu Polytechnic College v. The State Of Tamil Nadu

2023-06-21Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU The Kongu Polytechnic College Rep. by its Executive Officer K.Subramaniam Perundurai Erode 638 052.

Petitioner Vs.

1. The State of Tamil Nadu Rep. by Principal Secretary to Government Labour and Employment Department Fort St. George Chennai 600 009.

2. The Employees' State Insurance Corporation Rep. by the Deputy Director Sub Regional Office 1897, Trichy Road Panchdeep Complex Ramanathapuram Coimbatore 641 045.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration declaring that the G.O.Ms.No.237, Labour

and Employment (K1) dated 26.11.2010 issued by the first respondent as illegal and unconstitutional and the consequential Demand Notice vide No.56001112100001304/1020201622 dated 31.10.2016 issued by the second respondent as illegal and unconstitutional and as such the matter was squarely covered by the order of this Court in W.A.No.1233 of 2011 and batch dated 09.06.2015.

For the Petitioner : Mr.E.Vijay Anand For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondent-1 Mr.G.Bharadwaj for Respondent-2

ORDER

(Made by the Hon'ble Chief Justice) It is submitted that in view of the judgment of the Full Bench of this Court in All India Private Educational Institutions Association v. State of Tamil Nadu [2020 (5) CTC 93], the challenge raised in the present writ petition has been answered.

2. In view of that, the writ petition is disposed of. There will be no order as to costs. Consequently, WMP No.3796 of 2017 is closed. (S.V.G., CJ.) (P.D.A., J.) 21.06.2023 Index :

Yes/No :

Yes/No kpl To

1. The Principal Secretary to Government Labour and Employment Department Fort St. George Chennai 600 009.

2. The Deputy Director Employees' State Insurance Corporation Sub Regional Office 1897, Trichy Road Panchdeep Complex Ramanathapuram Coimbatore 641 045.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 21.06.2023