By consent, the writ petition is taken up for final disposal. Mr.M.Elumalai, learned Government Advocate accepts notice on behalf of the 1st respondent and Mr.G.Bharadwaj, learned counsel accepts notice on behalf of the respondents 2 and 3.
2 The petitioner would aver that the school is recognised by the Government of Tamil Nadu and the Notification issued by the 1st respondent [Impugned Order No.1], was challenged before this Court by the Tamil Nadu Matriculation Schools Association in WP.No.25883/2014 and so also in several other writ petitions and all the writ petitions along with writ appeals were disposed of by a common order dated 16.06.2015, in and by which, this Court had held that since the questions of law have been referred to a Larger Bench of the Hon'ble Supreme Court of India, i.e., whether the Employees State Insurance Act will apply to the Educational Institutions, thought fit to maintain interim orders till the disposal of the said Reference by the Hon'ble Supreme Court of India and in the light of the same, prays for similar orders.
3 The learned counsel for the petitioner has invited the attention of this Court to the order dated 16.12.2016 made in WP.No.42423/2016 and would submit that in similar facts and circumstances, this Court, in the light of the orders passed by the Hon'ble First Bench of this Court, in WA.No.918/2013, had disposed of the said writ petition and prays for appropriate orders.
4 Heard the submissions of Mr.M.Elumalai, learned Government Advocate appearing for the 1st respondent and Mr.C.Bharadwaj, learned counsel appearing for the respondents 2 and 3, who would submit that subsequently, several Special Leave Petitions have been dismissed and therefore, pendency of the matter before the Apex Court by way of Reference is nothing to do with the present writ petition.
5 The Court heard the rival submissions and also perused the materials placed before it.
6 It is relevant to extract paragraph 2 of the common judgment dated 16.06.2015 made in WA.No.918 of 2013 etc., batch:-
2.In view of the aforesaid position, the writ appeals and the writ petitions are disposed of by agreement that the interim orders would continue till the disposal of the matter by the Honourable Supreme Court and the parties would naturally remain bound by the legal position enunciated by the Honourable Supreme Court on such decision being rendered. No costs. Consequently, connected miscellaneous petitions are closed. 7 In the considered opinion of the Court, the issue involved in this writ petition, is identical/similar to that of the case dealt by the Hon'ble First Bench of this Court in WA.No.918/2013 etc., batch.
8 In the light of the same, the interim orders shall continue till the disposal of the matter by the Hon'ble Supreme Court of India and subject to the result of the same, other process will follow. If the respondents 2 and 3 are aggrieved, in the light of the subsequent dismissal of the Special Leave Petitions, they are always at liberty to work out their remedy in accordance with law.
9 The writ petition stands disposed of with the above observation. No costs. Consequently, the connected miscellaneous petitions are closed.
23.02.2017 Index : No Internet : Yes AP To 1 The State of Tamil Nadu rep.by its Principal Secretary, Fort St.George, Chennai 600 009.