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Madras High CourtWP/9824/2018disposed of

The Management, v. The Secretary To Government Of

2023-06-14Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU The Management Misrimal Navajee Munoth Jain Engineering College Guru Mandhar Kesari Building Jothi Nagar, Thoraipakkam Chennai 600 097.

..

Petitioner Vs.

1. The Secretary to Government of India Ministry of Law and Justice New Delhi.

2. The Deputy Commissioner of Labour Office of the Joint Commissioner of Labour II DMS Campus, DMS Subway, Teynampet Chennai 600 006.

3. R.Sundararaman

4. K.Dhanasekar

5. A.P.Nandhini

6. Dr.M.D.K.Kumaraswamy ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Declaration to declare that the Amendment Act 47 of 2009, viz. the Payment of Gratuity (Amendment) Act, 2009 as unconstitutional, illegal and a colourable legislation.

For the Petitioner : Mr.V.Vijay Shankar For the Respondents : Mr.R.Rajesh Vivekanandan Senior Panel Counsel for Respondent-1 Respondent-2 - Court No appearance - for Respondents 3 to 6

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.Vijay Shankar, learned counsel for the petitioner and Mr..Rajesh Vivekanandan, learned Senior Panel Counsel for the first respondent.

2. The petitioner assails the provision of the Payment of Gratuity (Amendment) Act, 2009 insofar as teachers are concerned.

3. Learned counsel for the petitioner fairly concedes that the Apex Court has put a quietus to the matter in a case of Independent Schools' Federation of India (Regd.) v. Union of India and another, reported in 2022 SCC OnLine SC 1113.

4. In view of the judgment of the Apex Court as referred to above, the writ petition stands dismissed. There will be no order as to costs. Consequently, WMP Nos.11752 and 11753 of 2018 are also dismissed.

(S.V.G., CJ.) (P.D.A., J.) 14.06.2023 Index :

Yes/No :

Yes/No kpl To

1. The Secretary to Government of India Ministry of Law and Justice, New Delhi.

2. The Deputy Commissioner of Labour Office of the Joint Commissioner of Labour II DMS Campus, DMS Subway, Teynampet, Chennai 600 006.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 14.06.2023