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,
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Sekar Reporter
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July 30, 2020
W.P. No.34236 of 2019 etc. batch 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