"The question of law whether the ESI Act would apply to educational institutions has been referred to the larger bench of Honourable Supreme Court," the first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam, said.
The petitioners included Good Hope Matriculation Higher Secondary School and Association of Management of Coimbatore Anna University Affiliated Colleges, of Erode
The matter relates to a notification by the Labour and Employment Department through a gazette notification of June 4 2008, specifying its intention to extend the Act to educational institutions (excluding government and government- aided).
It was never published in the official gazette as required under the Act and no wide publicity was given to the notification. The final notification was not published within six months from the date of the above notification, the petitioner said.
More From This Section
The petitioners submitted that all institutions were served with a notice from ESI directing them to register with ESI, despite representations made by various educational institutions objecting to the proposal.
Some of them moved the High Court challenging the notification and got an interim stay order against which a Special Leave Petition was filed before the Supreme Court which referred the matter to a larger bench.