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2020 Supreme(Mad) 1196

PUSHPA SATHYANARAYANA, ANITA SUMANTH, P.T.ASHA
All India Private Educational Institutions Association – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : K.M. Vijayan, E. Vijay Anand, Xavier Arulraj, Arul Mary, Shakespeare, Singaravelan for R. Jayaprakash.
For the Respondents: Vijay Narayan, A. Srijayanthi, Vignesh, S. Ravindran for G. Bharadwaj, G. Narmadha, Balan Haridoss.

ORDER :

1. The genesis for the constitution of this Full Bench is the conflict of views arising from the interpretation of a Notification under which the provisions of the Employees State Insurance Act, 1948 was extended to cover educational institutions.

2. A notification dated 26.11.2010, comprising of G.O.Ms. No. 237, Labour and Employment (K1) Department (G.O.) was issued by the Government of Tamil Nadu, which extended the Employees' State Insurance Act, 1948 (in short ‘ESI Act’) to educational institutions, but excluding the Government and Government aided educational institutions. The said G.O. was challenged in a batch of writ petitions and was decided by a learned Single Judge in Maharaja College of Arts and Science and Others vs. State of Tamil Nadu Rep. by its Principal Secretary to Government and Others, 2011 Writ L.R. 332, dismissing those writ petitions upholding the G.O. The said judgment was put to challenge once again in batches of Writ Appeals, which were taken up by different Division Benches.

3. On 09.06.2015, a Division Bench of this Court disposed of a batch o

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