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2014 Supreme(Ker) 360

B.KEMAL PASHA
Kailasanatha Vidya Nikethan, represented by its Executive Director, Mallika Purushothaman – Appellant
Versus
Employees State Insurance Corporation, rep. by its Regional Director – Respondent


Advocates appeared:
For the Appellant:N.N. Sugunapalan, Sr. Advocate, M.B. Prajith, K.K. Premalal, Advocates.
For the Respondents:R1 & R2, P. Sankarankutty Nair, SC, ESI Corpn, Sandesh Raja, T.V. Ajayakumar, Advocates.

Judgment :

(i) Can CBSE schools in the State of Kerala being run by individuals, trustees, societies or other organisations be brought within the category of 'educational institutions' mentioned in the impugned notification?

(ii) Whether the Government of Kerala is the 'appropriate Government' within the meaning of Section 2(1) read with Section 1(5) of the ESI Act empowered to issue the impugned notification?

(iii) Whether the decision in C.B.S.E. School Management's Association Vs. State of Kerala [2009 (3) KLT 421] acts as res judicata to contend that the Government of Kerala is not empowered to issue the impugned notification?

(iv) Whether the teachers of CBSE Schools being run by such organisations be 'employees' within the meaning of Section 2(9) of the ESI Act?

(iv) Whether the impugned notification can be extended in the case of such teachers?

These are the common questions of law arise in all these appeals.

2. These are appeals of similar nature filed by various CBSE schools being run by different individuals, trustees, societies or other organisations in the State of Kerala, challenging notification G.O. (P) No.135/2007/LBR dated 08.10.2007 issued by the Government of


































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