Kerala High Court
P.N.M. Public School vs Employees State Insurance Corporation on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO.1261 OF 2016
PETITIONER :-
P.NARAYANA PILLAI MEMORIAL PUBLIC SCHOOL
EZHAMKULAM, PARAKODU P.O., ADOOR, PATHANAMTHITTA,
PIN - 691 554 REPRESENTED BY IT'S MANAGER
KOMALA UNNIKRISHNAN.
BY ADV SRI.P.K.ABOOBACKER(EDAPPALLY)
RESPONDENTS :-
1 THE EMPLOYEES STATE INSURANCE CORPORATION
REPRESENTED BY IT'S DIRECTOR GENERAL,
PANCHDEEP BHAVAN, CIG ROAD, NEW DELHI - 110 002.
2 THE EMPLOYEES STATE INSURANCE CORPORATION
REPRESENTED BY IT'S REGIONAL DIRECTOR,
REGEONAL OFFICE, PANCHDEEP BHAVAN,
NORTH SWARAJ ROUND, THRISSUR - 680 020.
3 THE DEPUTY DIRECTOR
THE EMPLOYEES STATE INSURANCE CORPORATION,
SUB REGIONAL OFFICE, PANCHDEEP BHAVAN, ASRAMAM,
KOLLAM - 691 002.
BY ADV SRI.ADARSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.1261 OF 2016
-: 2 :-
JUDGMENT
Dated this the 3rd day of April, 2024
1. This writ petition has been filed by the petitioner, a CBSE
school, challenging Ext.P1 Demand Notice issued by the Recovery
Officer of the Respondent No.1 demanding a total contribution of
Rs.2,66,222/- for the period from 6/2011 to 12/2013.
2. According to the petitioner, challenging the Notification of the
State Government under Section 1(5) of the Employees State
Insurance Act, 1948 (for short, 'the ESI Act') making the ESI Act
applicable to educational institutions (including public, private,
aided or partially aided) run by individuals, Trustees, Societies or
other organisations, wherein 20 or more persons are employed or
were employed on any day preceding 12 months, Writ Petitions
were filed before this Court and that this Court passed a common
judgment dated 3.7.2009 in W.P.(C) No.20279/2008 and other cases
dismissing all the writ petitions holding that this Court could not
find any infirmity with the Notification of the State Government and
does not find any reason for interference.
3. The learned counsel for the respondents brought to my notice
that the said common judgment is reported in C.B.S.E. School
WP(C) NO.1261 OF 2016
Managements Association v. State of Kerala [2009 (3) KLT
421].
4. According to the petitioner, after dismissal of the writ petitions
filed by the educational institutions, some of the petitioners therein
filed Special Leave Petitions before the Honourable Supreme Court
and the Hon'ble Supreme Court was pleased to pass Ext.P5 interim
order, granting stay of payment of contribution for the past period
and hence, the respondents are not entitled to demand past
contributions till the disposal of those Special Leave Petitions. The
petitioner challenges Ext.P1 demand on the ground that it is with
respect to past contribution and that the same could not be
demanded in view of Ext.P5 interim order passed by the Hon'ble
Supreme Court.
5. It appears from the pleadings and documents available before
me that the petitioner has no dispute with respect to the coverage
and also the payment of future contributions. That apart, the issue
with respect to the coverage of educational institutions was
considered by a Division Bench of this Court in C.B.S.E. School
Managements Association v. State of Kerala (supra) and it was
found that educational institutions are also covered.
WP(C) NO.1261 OF 2016
6. The respondents have filed a Counter Affidavit dated
27.5.2016 wherein, it is specifically stated that the Special Leave
Petitions filed against the judgment in C.B.S.E. School
Managements Association v. State of Kerala (supra) are
dismissed. The petitioner has not filed any affidavit in Reply to the
counter affidavit filed by the respondents.
7. It is seen that the challenge against the decision of this Court
in C.B.S.E. School Managements Association v. State of Kerala
(supra) and connected cases were dismissed by the Hon'ble
Supreme Court in its Order dated 15/03/2016 in Special Leave to
Appeal(c) No.28225/2009 and connected cases and hence Ext.P5
Interim order is not in force. Consequently the challenge against
Ext.P1 Demand based on Ext P5 Interim Order of the Hon'ble
Supreme Court fails. Accordingly, I dismiss the writ petition
without costs.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
Jvt/5.4.2024
WP(C) NO.1261 OF 2016
APPENDIX OF WP(C) 1261/2016
PETITIONER EXHIBITS :-
P1-TRUE COPY OF THE DEMAND NOTICE DATED 23/09/2015 BY THE 3RD
RESPONDENT TO THE PETITIONER
P2-TRUE COPY OF THE CHALAN DATED 09/10/2014 OF THE STATE BANK
OF INDIA, ADOOR BRANCH
P3-TRUE COPY OF THE LETTER DATED 16/12/2014 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER
P4-TRUE COPY OF THE STATEMENT DATED 09/01/2015 FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT.
P5-TRUE COPY OF THE INTERIM ORDER DATED 12/02/2015 IN S.L.P
(C) 2018/2015 BY THE HONOURABLE SUPREME COURT
P6-TRUE COPY OF THE CHALLAN DATED 26/12/2015 OF THE ESI
CORPORATION.
