The Kongu Polytechnic College vs The State Of Tamil Nadu
2023 Latest Caselaw 6754 Mad

                                                                          W.P.No.3739 of 2017


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:    21.06.2023

                                                   CORAM :

                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                       AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.P.No.3739 of 2017

                     The Kongu Polytechnic College
                     Rep. by its Executive Officer K.Subramaniam
                     Perundurai
                     Erode 638 052.                                  ..    Petitioner

                                                       Vs.

                     1. The State of Tamil Nadu
                        Rep. by Principal Secretary to Government
                        Labour and Employment Department
                        Fort St. George
                        Chennai 600 009.

                     2. The Employees' State Insurance Corporation
                        Rep. by the Deputy Director
                        Sub Regional Office
                        1897, Trichy Road
                        Panchdeep Complex
                        Ramanathapuram
                        Coimbatore 641 045.                        ..      Respondents


                     Prayer: Petition filed under Article 226 of the Constitution of India
                     seeking a writ of Declaration declaring that the G.O.Ms.No.237, Labour


                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                 W.P.No.3739 of 2017


                     and          Employment (K1) dated 26.11.2010             issued       by   the first
                     respondent as illegal and unconstitutional and the consequential
                     Demand           Notice   vide     No.56001112100001304/1020201622                dated
                     31.10.2016          issued    by    the   second   respondent     as    illegal    and
                     unconstitutional and as such the matter was squarely covered by the
                     order of this Court in W.A.No.1233 of 2011 and batch dated
                     09.06.2015.



                                      For the Petitioner          : Mr.E.Vijay Anand

                                      For the Respondents         : Mrs.R.Anitha
                                                                    Special Government Pleader
                                                                    for Respondent-1

                                                                    Mr.G.Bharadwaj
                                                                    for Respondent-2


                                                            ORDER

(Made by the Hon'ble Chief Justice)

It is submitted that in view of the judgment of the Full Bench of

this Court in All India Private Educational Institutions Association v.

State of Tamil Nadu [2020 (5) CTC 93], the challenge raised in the

present writ petition has been answered.

https://www.mhc.tn.gov.in/judis W.P.No.3739 of 2017

2. In view of that, the writ petition is disposed of. There will be

no order as to costs. Consequently, WMP No.3796 of 2017 is closed.

                                                                (S.V.G., CJ.)            (P.D.A., J.)
                                                                                21.06.2023

                     Index                    :     Yes/No
                     Neutral Citation         :     Yes/No

                     kpl



                     To

1. The Principal Secretary to Government Labour and Employment Department Fort St. George Chennai 600 009.

2. The Deputy Director Employees' State Insurance Corporation Sub Regional Office 1897, Trichy Road Panchdeep Complex Ramanathapuram Coimbatore 641 045.

https://www.mhc.tn.gov.in/judis W.P.No.3739 of 2017

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl)

W.P.No.3739 of 2017

21.06.2023

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