Mhc cj bench order We, therefore, frame the following questions to be answered by a Larger Bench, for which the papers may be placed before the Chief Justice for an appropriate order for answering the reference: i. Whether the final disposal of the two writ appeals vide orders dated 09.06.2015 and 16.06.2015 are based on a correct construction and reading of the ratio of the referring order in the case of State of U.P. v. Jai Bir Singh, (2005) 5 SCC 1, paragraphs 38, 41, 42 and 44 in particular? And 4 question

[3/5, 19:13] Sekarreporter 1: W.P.No.34236 of 2019,etc., batch
W.P.Nos.34236 of 2019, 1370, 3743, 3741, 3342, 3344, 3348,
1371, 1389, 2764 of 2020, 3739 of 2017, 1382, 1387, 1704, 2422,
2491, 3745, 5165 of 2020
and Contempt Petition No.1960 of 2019
THE HON’BLE CHIEF JUSTICE
AND
SUBRAMONIUM PRASAD,J.
COMMON ORDER
[Order of the Court was made by The Hon’ble Chief Justice]
The present batch of writ petitions have been filed by an Association
of Private Educational Unaided Institutions, contending that the
Notification dated 26.11.2010, comprising of G.O.Ms.No.237, Labour and
Employment (K1) Department, of the Government of Tamil Nadu, is
unconstitutional and cannot be enforced without the inclusion of such
Unaided Educational Institutions either in the definition of the Employees
State Insurance Act, 1948 or without there being an appropriate
amendment in the provisions of the Tamil Nadu Recognised Private
Schools (Regulation) Act, 1973 or the Tamil Nadu Private Colleges
(Regulation) Act, 1976. For this, the basic argument is in relation to its
applicability to teachers/teaching staff of the Educational Institutions
contending that a teacher does not fall within the definition of a ‘workman’
as understood under the Industrial Disputes Act, 1947, which would also
be applicable while interpreting the provisions of the Employees State
Insurance Act, 1948, in view of Section 2(24) of the said Act. This
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required to be rendered in our opinion by a Larger Bench that may finally
put to rest the applicability of the notifications under the 1948 Act.
We, therefore, frame the following questions to be answered by
a Larger Bench, for which the papers may be placed before the Chief
Justice for an appropriate order for answering the reference:
i. Whether the final disposal of the two writ appeals vide
orders dated 09.06.2015 and 16.06.2015 are based on
a correct construction and reading of the ratio of the
referring order in the case of State of U.P. v. Jai Bir
Singh, (2005) 5 SCC 1, paragraphs 38, 41, 42 and
44 in particular?
ii. If the answer to the first question is in the positive,
then too does propriety demand awaiting a decision in
the reference keeping in view the fact that the orders
dated 09.06.2015 and 16.06.2015 are only interim
orders that do not attach a finality by an adjudication
on the issue?
iii. Whether unaided private educational institutions can
be treated to be an establishment within the meaning
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of Section 1(5) of the Employees State Insurance Act,
1948 and be capable of being governed by
notifications issued under the 1948 Act as being an
establishment being covered within the word
“otherwise” ?
iv. Whether the State has discriminated between private
unaided educational institutions on the one hand and
the public and government aided private educational
institutions on the other by issuing a notification
applying the same only to the former, which may
amount to an act of invidious discrimination under
Article 14 of the Constitution of India so as to enable
the petitioners to resist the impugned notification
dated 26.11.2010?
v. Whether the State or Central Government can notify
the applicability of the 1948 Act only after an
amendment either under the 1948 Act or the State
Acts, keeping in view that the word “insurance”
occurring in Section 19 of the 1973 Act and a pari
materia provision under the 1976 Act already covers
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insurance coverage of the teachers and other
employees of schools and colleges?
vi. Whether the notification dated 26.11.2010 can be
enforced even without an amendment in the provisions
as referred to in Question (v)?
The answers to the first two questions in the negative would only
necessitate the answers to the other questions framed by us.
(A.P.S., C.J.) (S.P.,J.)
02.03.2020
Index : Yes
rsb/sasi
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