B.KEMAL PASHA
Don Bosco Higher Secondary School, Irinjalakkuda, Thrissur – Appellant
Versus
Employees' State Insurance Corporation, Rep. By Its Regional Director, Round North, Thrissur – Respondent
(i) Whether 'Congregations' under the Christian community running unaided Schools/Colleges, can be treated as 'other organisations' within the meaning of the impugned notification?
(ii) Whether a 'Congregation' running a School/College can be considered as a 'Corporate Educational Agency' within the meaning of Rule (1) of Chapter III of the Kerala Educational Rules.
(iii) Can the teachers of Schools/Colleges being run by such Congregations be 'employees' within the meaning of Section 2(9) of the ESI Act?
(iv) Whether nuns, who are employed in such Schools/Colleges being run by the Congregations can be treated as 'employees' within the meaning of Section 2(9) of the ESI Act?
(v) Whether the impugned notification is violative of the fundamental right on the linguistic or religious minorities guaranteed in Article 30(1) of the Constitution of India?
(vi) Can it be said that the impugned notification is one protecting the right to life enshrined in Article 21 of the Constitution of India?
These are the common questions of law arise in all these appeals.
2. These are appeals of similar nature filed by various Congregations running unaided Schools following the State Syllabi,
Mother Superior, Adoration Convent, Kanjiramattom v. DEO
Union of India and others Vs. Shri.R.C. Jain and others [(1981) 2 SCC 308]
Agricultural Produce Market Committee, Narela
E.S.I.C. Medical Officers Association Vs. E.S.I.C. and another [AIR 2014 SC 1259]
Miss A. Sundarambal Vs. Government of Goa
Haryana Unrecognised Schools Association Vs. State of Haryana [(1996) 4 SCC 225]
Regional Director, Employees State Insurance Corporation
Sidhajbhai Sabhai v. State of Bombay [1963] SCR 837 : (AIR 1963 SC 540)
P.A. Inamdar (AIR 2005 SC 3226 : 2005 AIR SCW 3923)
Pramati Educational and Cultural Trust Vs. Union of India [2014 (2) KLT 547 (SC)]
State of Kerala Vs. Very Rev. Mother Provincial [AIR 1970 SC 2079]
Lilly Kurian Vs. Sr. Lewina and others [AIR 1979 SC 52]
Province Vs. Suraj Narain [AIR 1949 PC 112]
State of U.P. Vs. Jai Bir Singh [(2005) 5 SCC 1]
T.M.A. Pai Foundation and others Vs. State of Karnataka and others [(2002) 8 SCC 481]
Sidhrajbhai Sabbal and others Vs. State of Gujarat and another [AIR 1963 SC 540]
Olga Tellis v. Bombay Municipal Corporation [AIR 1986 SC 180]
St.Stephens College etc. Vs. The University of Delhi etc. [AIR 1992 SC 1630]
Kirloskar Brothers Ltd. Vs. Employees State Insurance Corporation [AIR 1996 SC 3261]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.