Amalorpavam Higher v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU 11794 of 2013, 21490 of 2015 & 29625 of 2016 W.P.No.21220 of 2014 Amalorpavam Higher Secondary School rep. by its Correspondent Lourdes Campus, Vanarapet Puducherry 605 011.

..

Petitioner Vs.

1. Union of India Rep. by the Secretary to Government Ministry of Law & Justice New Delhi.

2. The Ministry of Labour and Employment rep. by the Secretary to Government Shram Shakti Bhawan Rafi Marg New Delhi 110 001.

3. The Controlling Authroity under the Payment of Gratuity Act, 1972 Office of the Labour Court (Enforcement) Govt. of Puducherry Gandhi Nagar, Puducherry 605 005.

4. J.Sreedharan @ Raguraman ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration declaring the Payment of Gratuity (Amendment) Act, 2009 (Act No.47/2009) including the retrospective operation given to it w.e.f. 03.04.1997 as unconstitutional, ultravires, illegal, invalid and would not apply to the petitioner viz. an "Unaided Private Minority School" and the P.G.Case No.5/2014 filed against it based on such amendment before the third respondent as unmaintainable.

For the Petitioners in all W.Ps.

: Mr.T.P.Manoharan, S.C.

For Mr.K.P.Jotheeswaran For the Respondents in all W.Ps.

: Mr.B.Rabu Manohar, CGSC for Respondents 1 & 2 Mr.S.Raveekumar Government Pleader (Pondy) for Respondent-3 Mr.M.A.Abdul Wahab For M/s.K.V.Subramanian Associates for Respondent-4

ORDER

(Made by the Hon'ble Chief Justice) The challenge to the Payment of Gratuity (Amendment) Act, 2009 now does not survive in view of the judgment of the Apex Court in the case of Independent Schools' Federation of India (Regd.) v. Union of India [2022 SCC OnLine SC 1113].

2. So far as the individual grievance is concerned, the petitioners are at liberty to raise the same before the appropriate authority as provided under the provisions of the Payment of Gratuity (Amendment) Act. If the petitioners have already approached the authority concerned, the petitioners may prosecute the said proceedings. If the proceedings are pending, the same may be decided in accordance with law.

3. The writ petitions are disposed of accordingly. There will be no

order as to costs. Consequently, M.P.Nos.1 to 3 of 2013, 1 and 2 of 2015 and WMP Nos.25654 of 2016 are closed.

(S.V.G., CJ.) (P.D.A., J.) 20.06.2023 Index :

Yes/No :

Yes/No kpl To

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

2. The Ministry of Labour and Employment rep. by the Secretary to Government Shram Shakti Bhawan Rafi Marg, New Delhi 110 001.

3. The Controlling Authroity under the Payment of Gratuity Act, 1972 Office of the Labour Court (Enforcement) Govt. of Puducherry Gandhi Nagar, Puducherry 605 005.

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

(kpl) W.P.Nos.21220 to 21224, 26229 of 2014, 11794 of 2013, 21490 of 2015 & 29625 of 2016 20.06.2023