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 of writ appeals and petitions in Maharaja College of Arts and Science, Rep. by its Chairman vs. The State of Tamil Nadu [W.A. No. 1233 of 2011] observing as below:

“1. Learned counsel for the parties state that as recorded in the order dated 05.05.2005 reported in State of U.P. vs. Jai Bir Singh, 2005 (5) SCC 1 the question of law has been referred to the Larger Bench of the Honourable Supreme Court, i.e. whether the Employees’ State Insurance Act, 1948, would apply to educational institutions. Interim orders have been operating in the present matter.

2. In view of the aforesaid position, the writ appeals and the writ petitions are disposed of by agreement that the interim orders would continue till the disposal of the matter by the Honourable Supreme Court and the parties would naturally remain bound by the legal position enunciated by the Honourable Supreme Court on such decision being rendered. No costs. Consequently, connected miscellaneous petitions are closed.”

(Emphasis ours)

4. Similarly, on 16.06.2015, another co-ordinate Division Bench in the case of Tamil Nadu Nursery Primary Matriculation and Higher Secondary Schools Managements Association, Rep. by its General Secretary, D. Christdass vs. State of Tamil Nadu, Rep. by its Principal Secretary to Government, Labour and Employment Department, Chennai and Others, passed a similar order.

5. In addition to the two writ petitions giving rise to the aforesaid orders dated 09.06.2015 and 16.06.2015 several other educational institutions had also moved this Court by way of writ petitions, that had been dealt with by different benches, both single and Division Benches at different times. In a few cases, not satisfied with the orders passed by this Court, certain aggrieved institutions went before the Hon’ble Supreme court and invited order of dismissal at the SLP stage itself.

6. To appreciate the reference order properly, the said orders and appellate orders, if any, are tabulated below:-

Table (I)

Table (II)