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Anita Methodist Matriculation Higher Secondary School v. The Government of Tamil Nadu

Madras HC3 Jun 2025WP/10412/2021

Case brief

AI extract

What is this about?

Keywords: Madras High Court; W.P.No. 10412 of 2021; W.M.P.No. 11009 of 2021; Anita Methodist Matriculation Higher Secondary School; ESI Regional Corporation Tamil Nadu; Article 226; certiorarified mandamus; notices dated 12.03.2021; Section 91C ESI Act 1948; waiver of interest and damages; Full Bench order 29.07.2020; WP.No.34236 of 2019; W.P.No.21335 of 2021; equated monthly installments; interest Rs.28,93,871; disposed without entering merits; no costs.

What did the court decide?

Permission to pay the outstanding interest of Rs.28,93,871/- in 10 equated monthly installments commencing from June 2025, in addition to contributions regularly paid; the connected miscellaneous petition (W.M.P.No. 11009 of 2021) closed; no costs. ¶36

Anita Methodist Matriculation Higher Secondary… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the records/notice dated 12.03.2021 in No.5100-110398-000-1302/Ins-8 on the file of the 2nd respondent and the subsequent notice dated 12.03.2021 in No.51-00-110398-000-1302/Ins-8 on the file of the 3rd respondent, in respect of the petitioner school, should be called for and quashed. +1 more

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Ratio / Principle

Without delving into the merits of the case, the writ petition was disposed of permitting the petitioner to pay the outstanding interest of Rs.28,93,871/- in 10 equated monthly installments commencing from June 2025.

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Key takeaways

The installment amount shall be in addition to the contributions that are regularly paid.ratio¶35

Detailed headnote1 paragraphs

Madras High Court (P.T. Asha, J., 03.06.2025) disposed of W.P.No. 10412 of 2021 filed by Anita Methodist Matriculation Higher Secondary School, which had sought a writ of certiorarified mandamus under Article 226 to quash two notices dated 12.03.2021 issued on the files of the 2nd and 3rd respondents (ESI – Regional Corporation (Tamil Nadu)) and to direct waiver of arrears of interest and damages u/s 91C of ESI Act, 1948, in terms of the Full Bench order dated 29.07.2020 in the batch of writ petitions led by WP.No.34236 of 2019. At the hearing, the petitioner's senior counsel submitted that the entire contribution arrears had been paid and damages waiver granted, leaving only interest of Rs.28,93,871/-. Without entering into the merits, and noting respondent counsel's lack of objection since a similar installment arrangement existed in W.P.No.21335 of 2021, the Court permitted payment of that interest in 10 equated monthly installments commencing June 2025, in addition to regularly paid contributions. Connected W.M.P.No. 11009 of 2021 closed; no costs.

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W.P.No.10412 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 03.06.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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W.P.No. 10412 of 2021 &

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W.M.P.No. 11009 of 2021

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Anita Methodist Matriculation Higher Secondary School, Rep. by its Correspondent, 5 & 6 Ritherdon Road, BKN Avenue, Vepery, Chennai – 600 007.

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...Petitioner

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Vs.

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1.The Government of Tamil Nadu, represented by its Principal Secretary, Labour and Employment Department, Fort St, George, Chennai – 600009.

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2.ESI – Regional Corporation (Tamil Nadu) Represented by its Regional Director, Additional Commissioner, Authorised Officer, 143, Sterling Road, Chennai – 600 034.

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W.P.No.10412 of 2021

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3.ESI – Regional Corporation (Tamil Nadu), Represented by its Deputy Director, 143, Sterling Road, Chennai – 600 034.

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...Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to dated 12.03.2021 in No.51-00-110398-0001302/Ins – 8, on the file of the 2^nd respondent and the subsequent notice dated 12.03.2021 in No.51-00-110398-000-1302/Ins-8, on the file of the 3^rd respondent, in respect of the petitioner School and quash the same, directing the respondents to waiver of arrears of interest and damages u/s 91C of ESI Act, 1948, in terms of the order dated 29.07.2020 of the Full Bench of this Court in the batch of Writ Petitions in WP.No.34236 of 2019.

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For Petitioner : Dr. Fr. A.Xavier Arulraj, Senior Counsel For M/s. A. Arul Mary

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For Respondent 1: Mr. M.Murali

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W.P.No.10412 of 2021

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Government Advocate For Respondents : Mr. S.P.Srinivasan 2 & 3

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O R D E R

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The above Writ Petition has been filed for the following relief:

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“To call for the records dated 12.03.2021 in No.5100-110398-000-1302/Ins – 8, on the file of the 2^nd respondent and the subsequent notice dated 12.03.2021 in No.51-00-110398-000-1302/Ins-8, on the file of the 3^rd respondent, in respect of the petitioner School and quash the same, directing the respondents to waiver of arrears of interest and damages u/s 91C of ESI Act, 1948, in terms of the order dated 29.07.2020 of the Full Bench of this Court

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in the batch of Writ Petitions in WP.No.34236 of 2019.”

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Today, when the matter was called the learned senior counsel

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appearing on behalf of the petitioner would submit that the entire 3/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.10412 of 2021

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arrears of contribution has been paid and waiver has been granted by the respondents with reference to payment of damages. What remains to be paid is only the interest of Rs.28,93,871/-.

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The learned senior counsel would submit that the petitioner is ready to pay the aforesaid sum in 10 equated monthly installments commencing from this month. The learned counsel appearing for the respondent corporation has no objection since similar order for equated installments has been passed in W.P.No.21335 of 2021.

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Therefore, without delving into the merits of the case the Writ Petition is disposed of permitting the petitioner to pay the interest of a sum of Rs.28,93,871/- in 10 equated monthly installments commencing from June 2025. It is needless to state that this amount shall be in addition to the contributions that are regularly paid.

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The Writ Petition is disposed off with the above directions. Consequently, the connected miscellaneous petition is closed. No

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W.P.No.10412 of 2021

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costs.

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03.06.2025

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Index : Yes/No Internet : Yes/No kan

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1.The Government of Tamil Nadu, represented by its Principal Secretary,

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W.P.No.10412 of 2021

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Labour and Employment Department, Fort St, George, Chennai – 600009.

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2.ESI – Regional Corporation (Tamil Nadu) Represented by its Regional Director, Additional Commissioner, Authorised Officer, 143, Sterling Road, Chennai – 600 034.

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3.ESI – Regional Corporation (Tamil Nadu), Represented by its Deputy Director, 143, Sterling Road, Chennai – 600 034.

P.T. ASHA, J,

kan

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W.P.No.10412 of 2021