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High Court Order: Extension of ban on the order to bring educational institutions under ESI Act!
Posted on: 10/Jun/2015 2:48:22 PM
Chennai High Court issued an order to extend the ban on the Tamil Nadu State Government’s order to bring all educational institutions in the state under ESI Act.
As per the petition submitted by Good Hope Matriculation High School in Arumbakkam and colleges affiliated to Coimbatore Anna University, a government publication was released in June 2008 by Employee & Job Opportunities Department. In this issue, it was mentioned that all educational institutions other than government or government-aided will be brought under the ESI Act (Employees` State Insurance). This was the 1st phase of the order.
However, there was no advertisement or notices following this. The final order on this issue should have been released within 6 months after the 1st phase. Otherwise, the 1st phase of the order is null & void.
However, the final phase of the order was released only after two-ans-a-half years. Also, our opinions must have been sought before releasing the final phase of the order. This was not done.
The final phase of the order was released on 29th December. 2010. This ESI Act will not be applicable for educational institutions. If this is implemented, educational institutions will incur additional expenses.
Hence, the order released in 2010 should be cancelled.
There were a total of 90 such petitions received for enquiry which came up yesterday (Tuesday, 9th June, 2015).
Chief Justice Sanjay Kishen Goul and Justice T S Sivagnanam examine & conducted the enquiry. Their order:
The question whether educational institutions can be brought under ESI Act has been raised and the enquiry is pending in the Supreme Court. An interim order banning this order has been released by Chennai High Court.
Hence, till a final order is released after the enquiry by Supreme Court, this interim order will, continue to be valid.
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