Education institutions challenged the constitutionality of a government order regarding mandatory provident fund contributions. The Court closed the petitions based on a Full Bench judgment from July 29, 2020, resolving the same issue.
Petitions closed; interlocutory orders dismissed; No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2020
CORAM :
THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.Nos.7088, 7092, 7093 and 7094 of 2020
M/s.R.M.K. College of Engineering and Technology, rep. by its Principal Dr.T.Rengaraja, R.S.M. Nagar, Puduvoyal Gummidipoondi Taluk, Thiruvallur District – 601 206. ... Petitioner in W.P.No.7088/2020
M/s.R.M.K. Senior Secondary School, rep. by its Principal V.Sudha Malini R.S.M. Nagar, Sundara Chozhavaram, Thiruverkadu, Chennai-77. ... Petitioner in W.P.No.7092/2020
M/s.R.M.K. Residential Senior Secondary School, rep. by its Principal I/c M.Prithiviraj, R.S.M. Nagar, Kavaraipettai, Gummidipoondi Taluk, Tiruvallur District-601 206. ... Petitioner in W.P.No.7093/2020
M/s.R.M.K. Patashaala School, rep. by its Principal Chandrika Prasad, R.S.M. Nagar, Kavaraipettai, Gummidipoondi Taluk, Tiruvallur District-601 206. ... Petitioner in W.P.No.7094/2020
-vs-
1.The State of Tamil Nadu, rep. by Principal Secretary to Government, Labour and Employment Department, Fort St. George, Chennai – 600 009. 2.The Employees State Insurance, Regional Corporation, rep. by its Regional Director, No.143, Sterling Road, Nungambakkam, Chennai-600 034. .. Respondents in all WPs
All WP's Prayer: Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration, declaring that the G.O.Ms.No.237, Labour and Employment (K1) Department, dated 26.11.2010 issued by the 1st respondent as illegal and unconstitutional.
For Petitioners : M/s.G.V.Seethalekshmi
For Respondents : Mr.S.Kamalesh Kannan
Government Advocate
for respondent No.1
: Mr.G.Bharadwaj
for respondent No.2
COMMON ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
Having heard Ms.G.V.Seethalekshmi, learned counsel for the petitioners; Mr.S.Kamalesh Kannan, learned Government Advocate for the first respondent State and Mr.G.Bharadwaj, learned counsel for respondent No.2/Employees State Insurance, we find that the issues raised in these writ petitions are directly covered by the Full Bench judgment dated 29.07.2020 in W.P.No.34236 of 2019 and batch cases (All India Private Educational Institutions Association, rep. by its State General Secretary K.Palaniyappan, No.5, M.P. Avenue, Majestic Colony, Saligramam, Chennai – 600 093 v. The State of Tamil Nadu, rep. by Principal Secretary to Government, Labour and Employment Department, Fort St. George, Chennai – 600 009 and another) [MANU/TN/3786/2020]. A copy of the judgment is before us.
These writ petitions are closed in terms of the Full Bench Judgment in All India Private Educational Institutions Association (supra). No costs. Consequently, W.M.P.Nos.8439, 8441, 8443, 8444, 8445, 8446, 8447 and 8448 of 2020 are also closed.
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
bbr
To:
1.The Principal Secretary to Government,
State of Tamil Nadu,
Labour and Employment Department,
Fort St. George,
Chennai – 600 009.
2.The Regional Director,
Employees State Insurance,
Regional Corporation,
No.143, Sterling Road,
Nungambakkam, Chennai-600 034.
W.P.Nos.7088, 7092, 7093 and 7094 of 2020
RLD(CO)
EU 31.08.2020
2 issues framed by the court
Whether G.O.Ms.No.237, Labour and Employment Department, dated 26.11.2010, is illegal and unconstitutional.
Whether the writ petitions should be disposed of in light of the Full Bench judgment in W.P.No.34236 of 2019.
Colour shows how this judgement treated each authority
All India Private Educational Institutions Association v. The State of Tamil NaduRelied on¶17
[MANU/TN/3786/2020]
2 provisions across 2 enactments
M/s. R.M.K. College of Engineering and Technology
M/s. R.M.K. Senior Secondary School
M/s. R.M.K. Residential Senior Secondary School
M/s. R.M.K. Patashaala School
The State of Tamil Nadu
The Employees State Insurance, Regional Corporation
MR. A.P. SAHI
MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
