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2009 Supreme(Ker) 516

K.BALAKRISHNAN NAIR, C.T.RAVIKUMAR
Kerala CBSC School Managements Association, Rep by its Secretary – Appellant
Versus
State Of Kerala Represented By its Chief Secretary – Respondent


Advocates Appeared:For the Petitioners:O.V. Radhakrishnan, Sr. Advocate. For the Respondents: A. Sreekala, ADDL.CGSC.

Judgment :-

Balakrishnan Nair, J.

The point that arises for decision in these cases is whether the notification dated 8.10.2007, issued by the Kerala Government under Section 1(5) of the Employees State Insurance Act, 1948, extending the provisions of the said Act to educational institutions, is valid or not. The petitioners in these cases represent the managements of schools affiliated to CBSE, ICSE and also unaided but recognised schools under the Kerala Education Rules. Some of the Self Financing Colleges are also before us.

2. W.P.(C) No.5986/2008 is treated as the main case, for the purpose of referring to the exhibits. The writ petitions, as mentioned earlier, are filed challenging the notification, G.O.(P) No.135/2007/LBR dated 8.10.2007, issued by the State Government under Section 1(5) of the Employees State Insurance Act, 1948 (for short, referred to as "ESI Act"). By the said notification, which is produced as Ext.P1, the provisions of ESI Act have been made applicable to educational institutions (including public, private, aided or partially aided) run by individuals, trustees, societies or other organisations, wherein twenty or more persons are employed or were employed




















































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