Madras HC dismisses petitions of private institutions

Updated on: Thursday, March 17, 2011

The Madras High Court dismissed a batch of writ petitions filed by private colleges, schools and other educational institutions challenging Tamil Nadu Government notification brining educational institutions under the Provisions of Employees State Insurance Act.
The Government had issued a GO on November 26 last year and later published a notification extending the provisions of the Act to educational institutions run by individuals, trustees, societies or other organisations, wherein 20 or more persons are employed.

However, the notification excluded Government and Government aided institutions.

The educational institutions has filed a petition challenging it. They submitted that the impugned notfiction covers educational institutions within the purview of the ESI Act and further contended that the educational institutions could not covered by ESI Act as they were not commercial or industrial enterprises.

Dismissing the writ petitions, Justice K Chandru pointed out in his order the court upheld similar notifications issued by the Administrator of the Union Territory of Puducherry by a judgement in January.

The judge said it must be noted that since the petitioners seek to challenge the impugned notification which are in favour of their employees and in none of the writ petitions, employees who were to be benefitted by the application of ESI Act have been made as parties. Hence these writ petitions are liable to be rejected on that ground also.

Madras HC dismisses petitions of private institutions

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