Gauhati High Court
The National Educational Society vs The Employees' State Insurance ... on 26 November, 2021
Page No.# 1/3
GAHC010173802016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5822/2016
THE NATIONAL EDUCATIONAL SOCIETY
AMINGAON, BONDA, NARENGI, GHY-28, ASSAM OWNER OF NATIONAL
SCHOOL, AMGAON, BORDA, NARENGI, GHY-28, DIST- KAMRUP METRO,
ASSAM, REP. BY ITS SECRETARY
VERSUS
THE EMPLOYEES' STATE INSURANCE CORPORATION and 2 ORS.
NORTH EASTERN REGION, BAMUNIMAIDAM, GUWAHATI-26, DIST-
KAMRUP METRO, ASSAM
2:THE ASSTT. DIRECTOR / AUTHORIZED OFFICER
EMPLOYEES' STATE INSURANCE CORPORATION
NORTH EASTERN REGION
BAMUNIMAIDAM
GHY-26
DIST- KAMRUP METRO
ASSAM
3:THE RECOVERY OFFICER
EMPLOYEES' STATE INSURANCE CORPORATION
NORTH EASTERN REGION
GHY-21
DIST- KAMRUP METRO
ASSA
Advocate for the Petitioner : MR.P SARMA
Advocate for the Respondent : MR. K K NANDI
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
26.11.2021
Heard Mr. O.P. Bhati, learned counsel for the petitioner and Mr. K.K. Nandi,
learned counsel for the respondent Nos. 1, 2 & 3.
2. The petitioner is a registered society under Societies Registration Act, 1860
and it owns and runs a Secondary and High School under the name and style of
National Educational School situated at Amingaon, Bonda, Narengi, Guwahati-
781028. The school is affiliated to the Central Board of Secondary Education
(CBSE) since 1996 and has been imparting education to the children up to the
stage of Matriculation i.e. Class-X. The school is represented by the Secretary and
the Secretary is also the member of the society. It is, however, stated that the
school has been closed with effect from 01.04.2015.
3. The grievance of the petitioner is that vide the impugned notice dated
03.06.2015 (Annexure-B, Page-12), the Assistant Director, Regional Office of the
Employees State Insurance Corporation (hereinafter referred to as "ESIC") issued a
demand notice under Section 45A of the ESI Act, 1948 demanding an amount of
Rs. 4,93,350/- (Rupees Four Lakh Ninety Three Thousand Three Hundred Fifty
only) as the statutory arrears of contributions payable by the employer i.e. the
petitioner, for the period from June, 2011 to September, 2014. According to the
petitioner, the School is not an establishment covered under the ESI Act. Therefore,
they are not liable to make the contribution demanded by the ESIC.
4. The learned counsel for the parties have been heard and they are in
agreement that the issue involved in this matter is covered by a Judgment of Co-
ordinate Bench dated 28.01.2016 passed in W.P(C) No. 4121/2009 reported in
Page No.# 3/3
2016 (2) GLT 495. By the said Judgment, this Court held that schools, educational
institutions will be included within the definition of establishment under the ESI
Act, 1948 and in similarly situated facts and circumstances came to the finding that
the educational institutions will also be covered within the purview of the ESI Act,
1948. Accordingly, the issues involved in this writ petition is also covered in terms
of the Judgment and order dated 28.01.2016 passed in W.P.(C) No. 4121/2009.
5. I have carefully perused the Judgment and I respectfully concur with the
findings arrived at by the Co-ordinate Bench. However, the findings of the Co-
ordinate Bench in Para-21 of the Judgment that the operation of the impugned
notification, in my respectful opinion, cannot be made applicable in all cases. Such
a finding was rendered perhaps keeping in view, the facts and circumstances of
that case. However, in the facts of the present proceedings, the same cannot be
made applicable as the school in question i.e. the petitioner herein, has been
closed since 01.04.2015 as per statement made in Para-1 of the writ petition.
6. In view of the above, this writ petition stands dismissed in terms of the
above. No order as to costs.
JUDGE
Comparing Assistant
