Esi act mhc full bench order Mrs. JUSTICE PUSHPA SATHYANARAYANA THE HONOURABLE Dr. JUSTICE ANITA SUMANTH AND THE HONOURABLE Ms. JUSTICE P.T.ASHA W.P.Nos.34236 of 2019, 1370, 1371, 1382, 1387, 1389, 1704, 2422,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 18.03.2020
Pronounced on : 29.07.2020
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
THE HONOURABLE Dr. JUSTICE ANITA SUMANTH
AND
THE HONOURABLE Ms. JUSTICE P.T.ASHA
W.P.Nos.34236 of 2019, 1370, 1371, 1382, 1387, 1389, 1704, 2422,
2491, 2764, 3342, 3344, 3348, 3741, 3743, 3745 and 5165 of 2020,
and W.M.P.Nos.1638 of 2020, 3796 of 2017,34866 and 34868 of 2019,
1617 to 1620, 1625, 1627, 1632, 1633, 1637, 1971, 1973, 2824, 2889,
2891, 3219, 3220, 3873, 3877, 3883, 4420, 4424, 4426, 6100, 6954,
6955, 6962, 6963, 7221 and 7223 of 2020 and Contempt Petition
No.1960 of 2019, and Sub Application Nos.535 of 2019 and 158 of 2020
W.P.No.34236 of 2019 :
All India Private Educational Institutions Association
rep. by its State General Secretary K.Palaniyappan,
No.5, M.P.Avenue,
Majestic Colony, Saligramam,
Chennai-600 093. .. Petitioner
Vs.
The State of Tamil Nadu
Rep. by Principal Secretary to Government,
Labour and Employment Department,
Fort St. George,
Chennai-600 009.
The Employees State Insurance
Regional Corporation
Page No.1 of 90
W.P. No.34236 of 2019 etc. batch
(i) The decision regarding the validity of the impugned
notification issued under Section 1(5) of the ESI Act could well
have been taken by the Division Bench and the postponement of
the same pending decision of the reference in Jai Bir Singh
(paragraphs 38, 41, 42 and 44 in particular) by the Larger
Bench was not warranted ;
(ii) The answer to question No.(i) is in the negative and
hence, question No.(ii) does not require resolution. However, we
are of the view that the orders of the Division Bench dated
09.06.2015 and 16.06.2015 are only in the nature of interim
orders ;
(iii) The ESI Act can very well treat the private unaided
educational institutions as ‘establishments’ within the meaning
of the said Act and the term ‘otherwise’ has clearly been placed
to specify that genus of establishments is not restricted to those
organisations, which are industrial, commercial or agricultural
only, but also includes organisations like educational institutions;
(iv) There is no discrimination between the private unaided
educational institutions and the public and government aided
Page No.87 of 90
W.P. No.34236 of 2019 etc. batch
private educational institutions, pursuant to the issuance of the
notification No.II 2/LE/52/2013, dated 02.01.2013 ; and
(v) As far as question Nos.(v) and (vi) are concerned, no
amendment is required to be made by the State or Central
Government to implement the impugned notification.
In view of the above conclusion, there is no necessity to place
these writ petitions before the Division Bench and accordingly, all these
writ petitions are dismissed as devoid of merits. There will be no order as
to costs.
Consequently, the contempt petition and the connected sub
applications are closed.
As far as the Writ Appeals and Writ Petitions covered under the
common orders dated 09.06.2015 and 16.06.2015, the same may be
placed before this Bench for further orders, as per the order of the
Hon’ble Chief Justice dated 13.03.2020.
(P.S.N., J.) (A.S.M., J.) (P.T.A., J.)
29.07.2020
Speaking / Non-speaking Order
Index : Yes/No
Internet : Yes
gg
Page No.88 of 90
