SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(Mad) 1411

K.CHANDRU
Maharaja College of Arts and Science, represented by its Chairman, Coimbatore – Appellant
Versus
State of Tamil Nadu, rep by its Principal Secretary to Government, Chennai – Respondent


Advocates Appeared:
For the Petitioners:Kandan Doraisami, R. Sureshkumar, K. Selvaraj, AR.L. Sundaresan, SC for K. Surendar, Advocates. For the Respondents:R1 - S. Sivashanmugam, GA, Ms.C. Devi, GA, R2 - Mrs.S. Jayakumari, Advocate.

Judgment :-

1. Heard the arguments of learned counsels in W.P.Nos.2872, 2873, 4570, 5084 and 5257 of 2011 on 10.3.2011 and in W.P.No.4722 of 2011 on 11.3.2011.2.The short question that arises for consideration in these writ petitions is whether the attempt by the State Government in covering the educational institutions employing 20 or more persons under the provisions of the Employees' State Insurance Act, 1948 (for short ESI Act) is legally valid? If the coverage of such institutions are legally valid whether the exclusion of the educational institutions run by the Government and Government Aided institutions from the purview of the notification is discriminatory? and that the impugned notification covering the petitioners alone are liable to be struck down on ground of Article 14 of the Constitution of India.

2. The State Government by the exercise of its power under Section 1(5) of the ESI Act had issued a preliminary notification by G.O.No.58, Labour and Employment Department, dated 15.4.2005 notifying the educational institutions, excluding the Government and Government Aided institutions, run by various types of bodies and individuals employing more than 20 to be brought with

















































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top