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
by
Sekar Reporter
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March 5, 2020
[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 1/55 http://www.judis.nic.in [3/5, 19:14] Sekarreporter 1: W.P.No.34236 of 2019,etc., batch 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 52/55 http://www.judis.nic.in [3/5, 19:14] Sekarreporter 1: W.P.No.34236 of 2019,etc., batch 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 53/55 http://www.judis.nic.in [3/5, 19:14] Sekarreporter 1: W.P.No.34236 of 2019,etc., batch 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 54/55 http://www.judis.nic.in