Csi Public Matric School Vs The State of Tamil Nadu

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W.P(MD)No.13364 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.13364 of 2025 and W.M.P(MD) No.9604 of 2025

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CSI Public Matric School, Represented by its Principal, Mrs.M.Chandrakantham, CSI Christ Church Campus, Azhagiamandapam, Mulagumoodu Post, Kanyakumari District.

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... Petitioner

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Vs.

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The State of Tamil Nadu, Represented by its

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Principal Secretary to Government, Labour and Employment Department, Fort St.George, Chennai – 600 009.

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The Deputy Director,

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Employees' State Insurance Corporation, Panchdeep Bhavan, ESIC Complex, Salai Street, Vannarpettai, Tirunelveli – 627 003.

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The Recovery Officer,

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Employees' State Insurance Corporation, Panchdeep Bhavan, ESIC Complex,

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Salai Street, Vannarpettai, Tirunelveli – 627 003.

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the second respondent herein vide No.No.

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

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W.P(MD)No.13364 of 2025

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66-00-040925-000-1302/45-A/SRO/TLI/369-13/dated 19.12.2024 quash the same as illegal, arbitrary and against the principles of natural justice.

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For Petitioner : Mr.Brijesh Kishore For Mr.C.Rajakumar

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For R1 : Mr.G.V.Vairam Santhosh Additional Government Pleader

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Fir R2 and R3 : Mr.C.Karthick Standing Counsel

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O R D E R

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The present Writ Petition has been filed by the Management of CSI Public Matric School challenging the order passed by the second respondent herein under Section 45-A of the Employees' State Insurance Act.

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2. According to the learned counsel appearing for the writ petitioner, the proceedings initiated under Section 45-A of the Employees' State Insurance Act, were clearly barred by limitation, in as much as the period, for which, contribution

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has been demanded from July 2012 to May 2013, whereas orders have been passed on 19.12.2024, which is clearly beyond the period of five years.

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3. Per contra, the learned Standing Counsel appearing for the respondents 2 and 3 submits that right from the year 2011 onwards, the petitioner, through her association has been litigating their coverage under the Employees' State Insurance

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Act and their liability to pay contribution. The Writ Petition ultimately came to be

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

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W.P(MD)No.13364 of 2025

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disposed of only in the year 2020. The present impugned order under Section 45-A of the Employees' State Insurance Act has been passed on 19.12.2024, as the entire

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period under litigation has to be excluded for computing the period of limitation.

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4. Considering the above said facts, the petitioner, having an effective alternative statutory remedy of filing an appeal ( *)"under Section 75 of the Employees' State Insurance Act" , this Court is not inclined to entertain the present Writ Petition. The defences open to the writ petitioner are left open to be raised before the appropriate forum.

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5. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

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Sd/-

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Assistant Registrar (CS – II)

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(*)Corrected as per order of this Court dated 25/07/2025 made in WP(MD)No. 13364 of 2025

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// True Copy //

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/2025

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Sub Assistant Registrar (CS – I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.

ebsi

Note:

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

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Registry is directed to return the original impugned order to the petitioner after getting necessary endorsement after retaining a copy of the same for record.

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W.P(MD)No.13364 of 2025

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To

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