Rohan Joseph Dsouza 11 April 2017
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 11 April 2017
The Madras high court on Tuesday stayed the Tamil Nadu government's proposal to make unaided private educational institutions in the state subscribe to employees' state insurance (ESI) scheme for their teaching and non-teaching faculty members.
Referring to a Supreme Court order in favour of private schools, the first bench of Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam disposed of the cases filed by about 370 schools in two batches against the government's proposal. The matter relates to a notification issued by the labour and employment department, Tamil nadu on June 4, 2008, proposing to extend provisions of the ESI Act, 1948, to educational institutions, but excluding government and aided institutions.
Kumar Doab (FIN) 11 April 2017
ESI: The matter has been discussed in other and old threads that you can search in "SEARCH" option.
Kumar Doab (FIN) 11 April 2017
You may go thru:
https://www.lawyersclubindia.com/experts/Esic-for-unaided-school-teacher-454286.asp
Kumar Doab (FIN) 11 April 2017
It is felt that Kerala High Court has upheld notification issued by state Govt.
The link to Madras High Court may kindly be posted.
Ritesh Maity (Labour Law Advocate) 11 April 2017
Yes, Maternity Benefit Act and ESI Act are both applicable to private school teachers.
But please note that if the private school teacher is covered under ESI Act, she will not get benefit under the Maternity Benefit Act.
Kumar Doab (FIN) 12 April 2017
Insured person (woman) of establishment covered by ESI may still be able to get benefits under Maternity Benefit Act, 1961:5A.