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Tamil Nadu
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Chennai
ESI Act: notice ordered on plea
Special Correspondent
Writ petition challenges last year's government notification
CHENNAI: The Madras High Court has ordered notice, returnable in four weeks, on a writ petition challenging a Tamil Nadu Government notification of November last year extending the provisions of the ESI Act to educational institutions (excluding government and government-aided institutions).
In its petition, the Tamil Nadu Nursery, Primary, Matriculation and Higher Secondary Schools Managements Association, represented by its general secretary, D. Christdass, stated that the impugned notification issued by the Labour and Employment Department on November 26, 2010, lacked bona fide as it was issued after two-and-a-half years from the preliminary notification; this was bad in law. No fresh notice was issued to educational institutions. Nothing in the notification showed that the government had studied the situation and decided that including those institutions under the ESI scheme was absolutely necessary.
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