Maharishi Vidya Mandir v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2017 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.21312 of 2016 and WMP(MD)Nos.15246 and 15247 of 2016 Maharishi Vidya Mandir, Rep by its Correspondent R.T.Thanusraman S/o.Shri Ramasamy 349, Harveypatti, Madurai-5.
... Petitioner vs.
1)The Government of Tamilnadu, Represented by its Principal Secretary, Labour and Employment Department, Fort St.George, Chennai-600009.
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(Madurai) Rep by its Deputy Director, 2nd West Street, K.K.Nagar, Madurai-625 020.
4)The Recovery Officer, Office of the Recovery Office, Employees State Insurance Corporation 2nd West Street, K.K.Nagar, Madurai-625 020.
... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of 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 and consequential order passed by the 4th respondent herein in Ref.No.57000739680001301/CP/197526/1347/16 dated 17.10.2016 and quash the same as illegal and arbitrary. For Petitioner : M/s.K.Malathi For R1 : Mr.R.Karthikeyan Additional Government Pleader For R2 to R4 : Mr.K.C.Ramalingam
ORDER
The prayer in the writ petition is for issuance of 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 and consequential order passed by the 4th respondent herein in Ref.No.57000739680001301/CP/197526/1347/16 dated 17.10.2016 and quash the same as illegal and arbitrary.
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(RECORD) /True Copy/ Sub Assistant Registrar To 1)The Principal Secretary, The Government of Tamilnadu, Labour and Employment Department, Fort St.George, Chennai-600009.
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(Madurai) 2nd West Street, K.K.Nagar, Madurai-625 020.
4)The Recovery Officer, Office of the Recovery Office, Employees State Insurance Corporation 2nd West Street, K.K.Nagar, Madurai-625 020.
+1cc to M/s.K.MALATHI Advocate in SR. No.77424 NBI JS/MR.KKR/SAR.1/15.09.2017/3P-6C WP(MD)No.21312 of 2016 07.09.2017