mhc advocate R.Natarajan: Sekar sir The division bench judgement of Calcutta high court has not laid down the correct legal position on the application of ESI on educational institutions

[12/31, 19:50] mhc advocate R.Natarajan: Sekar sir
The division bench judgement of Calcutta high court has not laid down the correct legal position on the application of ESI on educational institutions
In 1978 the Bangalore water supply case laid down the principles that the education institutions are classified as industry
There after in 2001 the eleven judges constitution bench popularly known as TMA Pai case laid down the legal principles that the education institutions are neither industry nor business but classified it as occupation
The orders of the division bench of our madras high court dated 9/6/2015 in a batch of writ petitions on the applicability of esi unequivocally states that the interim orders continues till the disposal of the case State of U.P. VS . Jai Bir Singh case reported in 2005 ( 5 ) SCC page 1, the question of law has been referred to the larger bench of the Supreme Court , ie Whether the Employees State insurance Act 1948,would apply to educational institutions .
, to my knowledge the constitution bench of the supreme court has not disposed or answered the above reference till date. Hence the interim orders passed by the division bench is legally and effectively in force
In another case a special leave to appeal(C ) No (s) 28285 0f 2009 arising out of final judgement and order dated 03/07/2009 in wp no20279 of 2008 passed by the High Court of Kerala, In the above case the Supreme Court judgement simply dismissed the slp at the admission stage itself and the judgement of the Honourable division bench of the madras High court dated 09/06/2015 was neither discussed nor over ruled by the Hon’ble supreme court. On the above judgement and further the supreme court has not laid down any law or any positive direction or opinion on the ESI matter on its dismissal order against our order. On the other hand, it simply dismissed the appeal filed by the appellants stating that we do not have any legal or valid ground for interference and dismissed the special leave petition accordingly.
The madras high court passed the order with specific inbuilt conditions and gave positive direction with the consent of ESI department which is as follows:
“in view of the afore said position, the writ appeals and the writ petitions are disposed by agreement that the interim orders would continue till the disposal of the matter by the constitution bench of the honourable supreme court and the parties could naturally remain bound by the legal position enunciated by the honourable supreme court
Natarajan R
Advocate
[12/31, 19:55] Sekarreporter 1: Super sir

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