P.R.Sridharan, v. The Central Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2017 CORAM :

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. Nos. 11535 & 11536 of 2011 and M.P. Nos. 2, 2, 3 & 3 of 2011

1. P.R. Sridharan

2. R. Ramachandran

3. P.V. Ramachandran V. Srinivasan (Deceased) K.S. Subramaniam (Deceased)

6. N. Balasubramaniam

7. R. Venkataraman

8. V. Venkataramanan

9. G. Vasantha W/o. K.S. Subramaniam

10. S. Shankaranarayanan S/o. K.S. Subramaniam

11. S.S. Bhavani D/o. K.S. Subramaniam (P9 to 11 are substituted as LR's of deceased P5 K.S.Subramaniam as per order dated 25.01.2017 by D.K.K. of WMP.NO.982/17 in WP.11535/11

12. Prathibha Srinivasan W/o. V. Srinivasan (Late)

13. Sriram Srinivasan S/o. V. Srinivasan (Late)

14. Swetha Srinivasan D/o. V. Srinivasan (Late) .. Petitioners in W.P. No.11535 of 2011 P12 to P14 are substituted as LR's deceased P4 V.Srinivasan as per order dated 25.1.17 by D.K.K.J in WMP.983/17 in WP.11535/11

1. G. Ramani

2. V. Loganathan

3. V. Ramachandran

4. V. Murali

5. S. Ramasamy

6. P.N. Rajan .. Petitioners in W.P.No.11536/2011 Vs.

1. The Central Board of Direct Taxes rep. By its Member (IT) Department of Revenue Government of India North Block, New Delhi -110 001.

2. The Commissioner of Income Tax Kolkatta -III, P7 Chowringhee Square Ayakar Bhawan, Kolkata -700069.

3. The Britannia Industries Ltd., rep. By its Chief Executive Officer Britannia Gardens, Airport Road Vimanapura, Bangalore - 560 017.

4. The Britannia Industries Ltd., Officers Pension Fund Rep. by its Managing Trustees Britannia Gardens, Airport Road Vimanapura, Bangalore - 500 017.

` .. Respondents in both W.Ps.

PRAYER in both WPs: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for records relating to the orders dated 30.03.2011 bearing Ref. No. F.No.225/171/2008ITA.II and dated 31.03.2011 bearing Ref.No. F.No.225/144/2008ITA.II passed by the 1st respondent Authority and quash the same insofar as the fresh deed of variation would take effect from 01.11.2004 as being illegal, arbitrary, unreasonable and contrary to the judgment of the Supreme Court reported in 2005

(8) SCC 404 and for a consequential Mandamus to the 2nd

respondent to apply the fresh deed of variation to those employees who have entered the services of the 3rd respondent company on or after 01.11.2004 without adversely affecting the rights and benefits of employees appointed prior to 01.11.2004 after giving an opportunity of hearing to them before approving the fresh deed of variation and to pass further orders. For Petitioners : Mr. Govardhan in both cases for M/s. Row & Reddy For Respondents : Mr. Joseph George Mayiladupuna in both cases for R1 & R2 Mr. C. Seethapathy for M/s. P.R. Raman for R3 & R4 C O M M O N O R D E R Learned counsel for the petitioners submitted that he may be permitted to withdraw the writ petitions since settlement has been entered between the parties. He has also made an endorsement to that effect.

2. Recording the submission and the endorsement made by the learned counsel for the petitioners, the writ petitions are dismissed as withdrawn. Consequently, the connected M.Ps are closed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar avr To

1. The Member(IT) The Central Board of Direct Taxes Department of Revenue Government of India North Block, New Delhi -110 001.

2. The Commissioner of Income Tax Kolkatta -III, P7 Chowringhee Square Ayakar Bhawan, Kolkata -700069.

+1 cc to M/s.Row and Reddy for Petitioner sr 4794 +1 cc to M/s.J.Narayanaswamy Advocate sr 5245 +1 cc to Mr.P.R.Raman Advocate sr 4951 W.P. Nos. 11535 & 11536 of 2011 and M.P. Nos. 2, 2, 3 & 3 of 2011 Pk(co) aa31/01/2017