M/S.Chettinad Public School, v. State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2015 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.16498 of 2015 and M.P(MD)Nos.1 & 2 of 2015 M/s.Chettinad Public School, 70 E, Madurai Main Road, Managiri, Karaikudi, Sivagangai District - 630 307.

Rep. By its Correspondent.

.. Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Principal Secretary, Labour and Employment Department, Fort St. George, Chennai - 600 009.

2.The Employees State Insurance Corporation, Regional Office (Tamil Nadu), Rep. by its Regional Director, 143, Sterling Road, Chennai 600 034.

3.The Employees State Insurance Corporation, Sub-Regional Office, Rep. by its Deputy Director, 2nd West Street, K.K.Nagar, Madurai - 625 020.

..Respondents Praye r :- Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records of the first respondent herein in G.O.Ms.No.237, Labour and Employment (K1) Department, dated 26.11.2010 and consequential notice issued by the third respondent in No.57000736310001302/6320151008/286/15 dated 03.06.2015 and quash the same.

For Petitioner : Mr.M.Elanchezian For R - 1 : Mr.S.Sadeshkumar Additional Government Pleader For RR 2 & 3 : Mr.K.C.Ramalingam

ORDER

This Writ Petition has been filed by the petitioner, to call for the records of the first respondent herein in G.O.Ms.No.237, Labour and Employment (K1) Department, dated 26.11.2010 and consequential notice issued by the third respondent in No.57000736310001302 / 6320151008 / 286 / 15 dated 03.06.2015 and quash the same.

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2. When this matter is taken up for hearing, the learned counsel for the petitioner would submit that a Division Bench of the Principal Bench of this Court in W.A.No.1233 of 2011 & batch, dated 09.06.2015, has passed the following judgment:

"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 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."

3. Since the issue involved in the present case is covered by the decision mentioned supra, this Writ Petition is disposed of in terms of the above judgment. Once the issue is decided, the principle laid down therein is automatically applied to the petitioner. No costs.

Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar ps To 1.The Principal Secretary, State of Tamil Nadu, Labour and Employment Department, Fort St. George, Chennai - 600 009.

2.The Regional Director, The Employees State Insurance Corporation, Regional Office (Tamil Nadu),143, Sterling Road, Chennai 600 034. 3.The Deputy Director, The Employees State Insurance Corporation, Sub-Regional Office, 2nd West Street, K.K.Nagar, Madurai - 625 020.

+1CC to Spl.Government Pleader Sr.No.53945 +1CC to Mr.K.C.Ramalingam Advocate Sr.No.53660 +1CC to Mr.K.Hemakarthikeyan Advocate Sr.No.53844 GJM/AN/MP/29.9.15-2P-7C W.P(MD)No.16498 of 2015 and M.P(MD)Nos.1 & 2 of 2015 11.09.2015 https://hcservices.ecourts.gov.in/hcservices/