Csi Public Matric School v. The State of Tamil Nadu

O R D E R The present Writ Petition has been filed by the Management of CSI Public Matric School challenging the order passed by the second respondent herein under Section 45-A of the Employees' State Insurance Act.

¶2According to the learned counsel appearing for the writ petitioner, the proceedings initiated under Section 45-A of the Employees' State Insurance Act, were clearly barred by limitation, in as much as the period, for which, contribution has been demanded from July 2012 to May 2013, whereas orders have been passed on 19.12.2024, which is clearly beyond the period of five years.

¶3Per contra, the learned Standing Counsel appearing for the respondents 2 and 3 submits that right from the year 2011 onwards, the petitioner, through her association has been litigating their coverage under the Employees' State Insurance Act and their liability to pay contribution. The Writ Petition ultimately came to be disposed of only in the year 2020. The present impugned order under Section 45-A of the Employees' State Insurance Act has been passed on 19.12.2024, as the entire period under litigation has to be excluded for computing the period of limitation.

¶4Considering the above said facts, the petitioner, having an effective alternative statutory remedy of filing an appeal (*)"under Section 75 of the Employees' State Insurance Act", this Court is not inclined to entertain the present Writ Petition. The defences open to the writ petitioner are left open to be raised before the appropriate forum.

¶5With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

Sd/- Assistant Registrar (CS – II) (*)Corrected as per order of this Court dated 25/07/2025 made in WP(MD)No. 13364 of 2025 // True Copy // /2025 Sub Assistant Registrar (CS – I/ II / III /IV) Madurai Bench of Madras High Court, Madurai. ebsi Note: Registry is directed to return the original impugned order to the petitioner after getting necessary endorsement after retaining a copy of the same for record. To

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

¶2The Deputy Director, Employees' State Insurance Corporation, Panchdeep Bhavan, ESIC Complex, Salai Street, Vannarpettai, Tirunelveli – 627 003.

¶3The Recovery Officer, Employees' State Insurance Corporation, Panchdeep Bhavan, ESIC Complex, Salai Street, Vannarpettai, Tirunelveli – 627 003. Copy to The Section Officer, ER Section, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.C.RAJA KUMAR, Advocate ( SR-42573[F] dated 14/07/2025 ) +1 CC to M/s.SPL GP ( SR-46632[F] dated 28/07/2025 )

11.07.2025 AVK/06.08.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD) No.9604 of 2025 CSI Public Matric School, Represented by its Principal, Mrs.M.Chandrakantham, CSI Christ Church Campus, Azhagiamandapam, Mulagumoodu Post, Kanyakumari District. ... Petitioner Vs. 1. The State of Tamil Nadu, Represented by its Principal Secretary to Government, Labour and Employment Department, Fort St.George, Chennai – 600 009. 2. The Deputy Director, Employees' State Insurance Corporation, Panchdeep Bhavan, ESIC Complex, Salai Street, Vannarpettai, Tirunelveli – 627 003. 3. The Recovery Officer, Employees' State Insurance Corporation, Panchdeep Bhavan, ESIC Complex, Salai Street, Vannarpettai, Tirunelveli – 627 003. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the second respondent herein vide No.No. 66-00-040925-000-1302/45-A/SRO/TLI/369-13/dated 19.12.2024 quash the same as illegal, arbitrary and against the principles of natural justice. For Petitioner : Mr.Brijesh Kishore For Mr.C.Rajakumar For R1 : Mr.G.V.Vairam Santhosh Additional Government Pleader Fir R2 and R3 : Mr.C.Karthick Standing Counsel