Csi Public Matric School v. The State of Tamil Nadu

Madras HC11 Jul 2025WP(MD)/13736/2025

Case brief

AI extract

What is this about?

ESI Act Section 45-A special contribution order; alternative remedy bar; appeal under Section 75 ESI Act; limitation five-year period April 2019 to May 2022; certiorari under Article 226; school management vs ESIC Deputy Director and Recovery Officer, Tirunelveli; Madurai Bench of Madras High Court; W.P.(MD)No.13736 of 2025; R.Vijayakumar J.; disposed of on 11.07.2025; defences left open; no costs.

What did the court decide?

No relief on merits; writ petition disposed of without being entertained, defences left open to be raised before the appropriate forum; no order as to costs; connected Miscellaneous Petition (W.M.P(MD) No.9903 of 2025) closed. ¶32-33

Csi Public Matric School Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD).No.13736 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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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.13736 of 2025 and W.M.P(MD) No.9903 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 Principal Secretary to Government, Labour and Employment Department, Fort St.George, Chennai – 600 009.

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

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1/5

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

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W.P.(MD).No.13736 of 2025

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The Recovery Officer, Employees' State Insurance Corporation, Panchdeep Bhavan, ESIC Complex, 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. 66-00-040925-000-1302/45-A/SRO/TLI/590-22/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 For R1 : Mrs.D.Farjana Ghoushia Special Government Pleader For 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

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

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W.P.(MD).No.13736 of 2025

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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 April 2019 to May 2022, 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 Act and their liability to pay contribution. The Writ Petition ultimately came to be disposed of 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 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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3/5

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

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W.P.(MD).No.13736 of 2025

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5. With the above said observation, this Writ Petition stands disposed of. There

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shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

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(*)Amended as per the Order of this Court dated 25.07.2025.

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Sd/-(11.07.2025)

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// True Copy // Assistant Registrar(CS III)

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/ /2025 Sub Assistant Registrars CS (I/II/III/IV)

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ebsi

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Note:

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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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