Madras High CourtWP(MD)/24116/2016dismissed as infructuous

The Secretary, v. The State Of Tamil Nadu

2023-07-31Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P(MD)No.17408 of 2016 The Secretary, St.Xaviers College (Autonomous), Palayamkottai - 627 002, Tirunelveli District.

...Petitioner

Vs.

1.The State of Tamil Nadu Rep. by its Secretary, Labour & Employment Department, Fort St. George, Chennai - 9.

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2.The Employees State Insurance Corporation, Rep. by its Regional Director, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

3.The Employees State Insurance Corporation, Rep. by its Deputy Director, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

4.The Deputy Director/Authorized Officer, Sub Regional Office, ESI Corporation, Municipal Shopping Complex, Sindhupoonthurai, Tirunelveli, Tirunelveli District.

... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari calling for the 2/6

records relating to the impugned order issued by the first respondent State Government in G.O.(Ms)No.237 Labour and Employment (K1) dated 26.11.2010 and the consequential proceedings issued by the fourth respondent Deputy Director vide letter dated 13.05.2013, quash the same.

For Petitioner : Mr.K.Ragadeesh Kumar, for Mr.T.Cibi Chakraborthy For Respondents : Mr.A.Kannan - for R1 Additional Government Pleader Mr.P.Ganapathy Samy - for R2 to R4

O R D E R

Heard Mr.K.Ragadeesh Kumar, learned counsel represents Mr.T.Cibi Chakraborthy, learned counsel for the petitioner, Mr.A.Kannan, learned Additional Government Pleader for the first respondent and Mr.P.Ganapathy Samy, learned Standing Counsel for respondents 2 to 4.

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2. During the course of hearing, Mr.K.Ragadeesh Kumar, learned counsel represents Mr.T.Cibi Chakraborthy, learned counsel for the petitioner on record fairly submits that the issue involved in the present Writ Petition is squarely covered by a decision of Full Bench of Madras High Court in All India Private Educational Institutions Association Vs. State of Tamil Nadu, reported in 2020(5) CTC - 93.

3. The learned Additional Government Pleader as well as Standing Counsel for the respondents also endorsed the same.

4. In view of the above factual position, no further adjudication is required in this Writ Petition.

5. Accordingly, this Writ Petition is dismissed as infructuous.

6. No costs.

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7. Consequently, connected miscellaneous petition is closed.

31.07.2023 Index : Yes / No Internet : Yes NCC : Yes / No RM To 1.The Secretary, State of Tamil Nadu Labour & Employment Department, Fort St. George, Chennai - 9.

2.The Employees State Insurance Corporation, Rep. by its Regional Director, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

3.The Employees State Insurance Corporation, Rep. by its Deputy Director, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

4.The Deputy Director/Authorized Officer, Sub Regional Office, ESI Corporation, Municipal Shopping Complex, Sindhupoonthurai, Tirunelveli, Tirunelveli District.

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BATTU DEVANAND, J.

RM 31.07.2023 6/6