Holy Family Convent School vs State Of Raj. And Ors. ...
2025 Latest Caselaw 5047 Raj

Citation : 2025 Latest Caselaw 5047 Raj
Judgement Date : 21 January, 2025

Rajasthan High Court - Jodhpur

Holy Family Convent School vs State Of Raj. And Ors. ... on 21 January, 2025

[2025:RJ-JD:4893]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 12012/2013

Holy Family Convent School
                                                                      ----Petitioner
                                       Versus
State Of Raj. And Ors.
                                                                    ----Respondent
                                 Connected With
                    S.B. Civil Writ Petition No. 3863/2014
Dadhimathi Mahila S.p.m.p.samiti Sgnr
                                                                      ----Petitioner
                                       Versus
State And Ors.
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Twinkle Purohit for
                                   Mr. Sanjeet Purohit
For Respondent(s)            :     Mr. Sanjay Kapoor



               HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

21/01/2025

1. The petitioners are before this Court seeking quashing of

notification dated 17.01.2011 (Annex.P/3) and notification dated

12.10.2004 (Schedule 'A') respectively, vide which the benefits of

the provisions of the ESI Act to Educational Institutions (including

public, private, aided or partially aided) run by individuals,

trustees, socieites or other organizations were extended.

2. At the very outset, my attention has been drawn towards the

Division Bench judgment of this Court dated 01.07.2019, rendered

in the case of Bhagat Singh Memorial Shikshan Sansthan Vs.

[2025:RJ-JD:4893] (2 of 2) [CW-12012/2013]

State of Rajasthan & Ors. : D.B. Civil Writ Petition

No.5194/2019, which reads as under:-

"1. Heard learned counsel for the parties.2. Sub-section (4) of Section 1 of the Employees State Insurance Act, 1948 provides that the Act was made applicable at the first instance only to factories other than seasonal factories. As per Sub- section (5) of Section 1, in consultation with the Corporation, the appropriate Government, with the approval of the Central Government was empowered to extend the provisions of the Act to any other establishments or class of establishments, industrial, commercial, agricultural or otherwise.

2. Pertaining to educational institutions a notification was issued on October 12, 2004, published on October 26, 2004, extending the E.S.I. Act, 1948. The issue currently awaits adjudication before the Supreme Court. The case of the educational institutions is that the principle of ejusdem generis would be applicable and the establishments, contemplated by Sub-section (5) would be the ones where economical activity is undertaken.

3. For the above reasons, the present writ petition is disposed of declaring that the decision of the Supreme Court regarding the law pertaining to applicability of the E.S.I. Act, 1948 upon the educational institutions, which is under adjudication, would bind the parties."

3. Apropos, on a query, counsel for the parties jointly state that

the present writ petitions have to be essentially disposed of in the

same terms as is judgment, ibid with liberty to the petitioners to

revive the proceedings depending upon the outcome of pending

case, in the Hon'ble Supreme Court.

4. Both the petitions are disposed of in the same terms in

judgment, ibid.

5. All pending application (s), if any, shall also stand disposed

of.

(ARUN MONGA),J 65-66-Mohan/skm/-