SARAN MATRICULATION HIGHER SECONDARY SCHOOL, SITRA ROAD Vs. EMPLOYEES STATE INSURANCE CORPORATION, REGIONAL OFFICE, PANCHDEEP BHAVAN

JUDGEMENT

(1.) The challenge in this intra court appeal is to the order dated 23 March 2018 dismissing the writ petition challenging the notice dated 3 November 2017 issued by the Employees' State Insurance Corporation, directing the appellant to pay a sum of Rs. 1,81,997/- towards ESI contribution.

(2.) The appellant is an Educational Institution. The Government of Tamilnadu issued an order in G.O.Ms.No.237 Labour and Employment Department, dated 26 November 2010 extending the provisions of Employees State Insurance Act (hereinafter referred to as "ESI Act") to the educational institutions. The Government institutions and aided institutions were exempted from the purview of the ESI Act.

(3.) The Employees State Insurance Corporation pursuant to the order in G.O.Ms.No.237 dated 26 November 2010, which was published in the Government Gazette on 29 December 2010, initiated action for collecting contribution from the appellant under the ESI Act. The Corporation issued a notice dated 3 November 2017, calling upon the appellant to pay a sum of Rs. 1,81,997/- towards ESI contribution. The appellant filed a writ petition challenging the notice primarily on the ground that the question as to whether educational institutions would come within the definition of "industry" is pending before the larger Bench and as such, it was not open to the Government to issue an order extending the provisions of the ESI Act to private educational institutions.