PRINCIPAL SECRETARY, DEPARTMENT OF LABOUR Vs. OM DAYAL EDUCATIONAL & RESEARCH SOCIETY & ORS.
LAWS(CAL)-2019-12-184
HIGH COURT OF CALCUTTA
Decided on December 24,2019

Principal Secretary, Department Of Labour Appellant
VERSUS
Om Dayal Educational And Research Society And Ors. Respondents

JUDGEMENT

SOUMEN SEN,J. - (1.) Since Common questions of law and fact arises in both the appeals, the two appeals are being heard together and disposed of by this common Judgment.
(2.) Both the appeals arise out of a judgment and order dated September 13, 2018, passed by the learned Single Judge of this High Court in the writ petition filed by the respondents, being W.P. No. 4 of 2017. Summary of Facts
(3.) The facts of these appeals, so far as relevant, are stated hereinafter: The respondent-writ petitioners say they are a charitable and educational society which manages Delhi Public School Ruby Park, Kolkata and Delhi Public School, Durgapur. They challenged two notifications published in the Kolkata Gazette dated August 28, 2006 and February 10, 2011 by the Labour Department, Government of West Bengal, whereby in exercise of powers conferred under subsection (5) of Section 1 of the Employees' State Insurance Act , 1948 (hereinafter "the said 1948 Act"), inter alia, with approval from the Central Government, the Labour Department extended the provisions of the said 1948 Act to, inter alia, educational institutions (including public, private, aided or partially aided) run by individuals, trusts, societies, or other organisations. The respondent-writ petitioners have also paid certain sums to the Employees' State Insurance Corporation pursuant to the said notifications. ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.