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
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
T.M.A. Pai Foundation v State of Karnataka (2002) 8 SCC 481
State of Tamil Nadu V K.Sabanayagam (1998) 1 SCC 318
Ruth Soren v Managing Committee
CBSE School Managements Association V State of Kerala 2010 (II) LLJ 240 (Ker)
State of Punjab v Labour Court (1980) 1 SCC 4
Fertilizers & Chemicals Travancore Ltd. v ESI Corpn. (2009) 9 SCC 485
State of U.P. V Jai Bir Singh (2005) 5 SCC 1
Christian Medical College Hospital Employees Union v C.M.C. Vellore Assn. (1987) 4 SCC 691
Bangalore Water Supply and Sewerage Board v A. Rajappa (1978) 2 SCC 213
A.Sundarambal V Government of Goa
Haryana Unrecognised Schools Association v State of Haryana (1996) 4 SCC 225
Osmania University v Regional Director
Hindu Jea Band v Regional Director
ESI Corporation v Bhakra Beas Management Board (2009) 10 SCC 671
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.