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Madras High CourtWP(MD)/20163/2014disposed of

M/S. Union Christian v. The Government Of Tamilnadu,

2017-09-07Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.20163 of 2014 and MP(MD)Nos.1 and 2 of 2014 M/s.Union Christian Polytechnic College Rep. by its Chairman Shri.Thankappan Shine Nivas, Arukattu Veedu Cheruvelloor Post Kanyakumari District.

... Petitioner vs.

1)The Government of Tamilnadu, Rep.by its Principal Secretary, Labour and Employment Department, Fort St.George, Chennai 600 009.

2)Employees State Insurance Corporation Rep. by its Deputy Director, Sub-Regional Office Panchadeep Bhavan ESIC Complex Salai Street, Vannarpettai Tirunelveli 627 003.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records of the order of the 1st Respondent in G.O.Ms.No.237, Labour and Employment (K1) dated 26.11.2010 and published at Page 879 of Part II Section 22 of the Tamilnadu Government Gazette No.51, dated 29.12.2010 and the consequential orders of the 2nd respondent in 66000404780001304/C-18 (Adhoc)/INS/MEC/SRO/TLI dated 18.11.2014 and quash the same.

For Petitioner : Mr.R.Joseph Thankaraj For R1 : Mr.R.Karthikeyan Additional Government Pleader For R2 : Mr.R.Anandan

ORDER

The prayer in the writ petition is for issuance of a Writ of Certiorari, calling for the records of the order of the 1st Respondent in G.O.Ms.No.237, Labour and Employment (K1) dated 26.11.2010 published at page 879 of Part II Section 22 of the Tamilnadu Government Gazette No.51, dated 29.12.2010 and the consequential order of the 2nd respondent in 66000404780001304/C-18 (Adhoc)/INS/MEC/SRO/TLI dated 18.11.2014 to quash the same. https://hcservices.ecourts.gov.in/hcservices/

2.When the matter was taken up for hearing, the learned counsel for the petitioner would submit that a Division Bench of the Principal Seat 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 by the Hon'ble Apex Court, the principle laid down therein is automatically applied to the petitioner. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(A.E ) /True Copy/ Sub Assistant Registrar To 1)The Principal Secretary, Government of Tamilnadu, Labour and Employment Department, Fort St.George, Chennai 600 009.

2)Employees State Insurance Corporation, Rep. by its Deputy Director, Sub-Regional Office, Panchadeep Bhavan, ESIC Complex, Salai Street, Vannarpettai Tirunelveli 627 003.

+1cc to Mr.R.JOSEPH THANKARAJ Advocate in SR. No. 77494 NBI JS/JC/SAR.4/19.09.2017/2P-4C WP(MD)No.20163 of 2014 https://hcservices.ecourts.gov.in/hcservices/ 07.09.2017