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Bethany Navajeevan College Of ... vs The State Of Tamil Nadu

Madras High Court|13 November, 2017

JUDGMENT / ORDER

The relief sought in the writ petition is to call for the records in respect of the notification issued by the first respondent in G.O.Ms.No.237, Labour & Employment (K1) Department, dated 26.11.2010.
2. In relation to the very same issue, a batch of appeals were filed before the Hon'ble Supreme Court of India and the same were dismissed in S.L.P (c) No.2825 of 2009 etc., dated 15.03.2016.
3. Following the orders of the Hon'ble Supreme Court of India, this Court also passed final orders on 20.03.2017 in W.P.No.42247 of 2016 as under:
The only challenge sought to be made in the writ petition is to the coverage of employee state insurance qua the private education institution.
2. When the matter is taken up for hearing, learned counsel appearing for respondents 2 and 3 submits that the issue has been dealt with finally by the Apex Court in a batch of cases in S.L.P.No.28285 of 2009 etc., and by order dated 15.03.2016, it has been held that private educational institutions are also bound to pay the employee state insurance contribution.
3.In such view of the matter, the writ petition stands dismissed. However, taking into consideration, the pendency of the writ petition and the difficulties expressed by the petitioner, the arrears of ESI contribution as on today is ordered to be paid by the petitioner in 12 equal monthly instalments. It is made clear that the order would cover the past arrears till the month of March, 2017 and thus from the month of April, 2017, the petitioner is bound to pay the ESI contribution on regular basis. No costs. Consequently, connected miscellaneous petitions are closed.
In view of the above orders passed by this Court, no further adjudication is required in this writ petition.
4. Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
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Title

Bethany Navajeevan College Of ... vs The State Of Tamil Nadu

Court

Madras High Court

JudgmentDate
13 November, 2017