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2014 Supreme(Ker) 417

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


Advocates Appeared:
For the Appellant:N.N. Sugunapalan, Senior Advocate, M.B. Prajith, K.K. Premalal, Advocates.
For the Respondents: R1 & R2, T.D. Rajalakshmy, SC, ESI Corporation.

JUDGMENT : -

(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,
































































































































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