The Chief Secretary v. J.Kanchana
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2016
CORAM
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.A.Nos.322 to 324 of 2016 and C.M.P.Nos.4973 to 4977 of 2016 1.The Chief Secretary, 2.The Secretary (Co-operation), 3.The Registrar of Co-operative Societies, .. Appellants 1 to 3 in all writ appeals 4.The Liquidator, Pondicherry Public Servants Co-op. Stores Ltd., No.P.456 (Vanavil), .. Appellant No.4 in W.A.Nos.322 and 323 of 2016 The Liquidator, Ariyankuppam Public Servant Co-op Stores No.P.455 (Vanavil), .. Appellant No.4 in W.A.No.324 of 2016 Vs.
J.Kanchana .. Respondent in W.A.No.322 of 2016 1.K.Ravichandran 2.R.Sambangi 3.D.Rajendiran 4.D.Kaveri 5.P.Purushothaman
6.A.N.Thirugnanasambandan 7.R.Rahitha 8.J.Mohan Rao 9.P.Kumarasamy 10.M.Ragouraman 11.B.Senthamaraikannan 12.B.Saradhamani 13.J.Ameerdeen 14.V.Thanigasalam 15.M.Panneerselvam 16.K.Vasanthi 17.M.Thilagar 18.V.Jeeva 19.C.Manivannan 20.A.Abdul Kalam Azad 21.N.Srinivasan 22.A.Subrayan 23.R.Susainathan 24.S.Natarajan 25.D.Santhi 26.G.Baskaran 27.R.Kumaran 28.P.Balamurugan .. Respondents in W.A.No.323 of 2016 1.R.Prabhakaran 2.A.Sammanasunathan .. Respondents in W.A.No.324 of 2016 These writ appeals are preferred under Clause 15 of the Letters Patent challenging the common order dated 20.07.2015 in M.P.No.1/2015 in W.P.No.13241 of 2015, M.P.No.1 of 2015 in W.P.No.12505 of 2015 and M.P.No.1 of 2015 in W.P.No.12506 of 2015.
i) Petition to pass an order of interim direction directing the respondents to disburse the amounts standing to the Credit of the Writ Petitioners husband in his EPF accounts as on 31.10.2010, viz., rs.4,41,295/- along with Subsequnt- interestM.P.No.1/15 in W.P.No.13241 of 2015. ii)to grant interim direction, directing the respondents to disburse the amounts standing to the Credit of each WritPetitioners in their respective EPF accounts as on 31.10.2010 along with subsequent- interest-M.P.No.1/15 in W.P. No.12505 of 2015.
iii)to direct the respondents to disburse the amounts standing to the credit of each Writ Petitioners in their respective EPF accounts as on 31.10.2010 alongwith subsequentinterest M.P.No.1 of 2015 in W.P.12506 of 2015. Writ Petitions filed U/A 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents to pay the Writ Petitioners husband/Writ Petitioners unpaid salary from August 2011, gratuity, Earned leave, Encashment, EPF contribution (both employer and employee ) Bonus, ESI benefits and all other admissible entitlements along with interest at 12 % per annum.
For appellants Mr.A.Tamilvanan, GA (Puducherry) COMMON JUDGMENT (delivered by SATISH K. AGNIHOTRI, J.) The Government of Puducherry has come up with the instant appeals, questioning the legality of the order dated 20th July, 2015 passed by the learned Single Judge in M.P.No.1/2015 in W.P.No.13241 of 2015, M.P.No.1 of 2015 in W.P.No.12505 of 2015 and M.P.No.1 of 2015 in W.P.No.12506 of 2015. The respondent in W.A.No.322 of 2016 preferred a writ petition, being W.P.No.13241 of 2015, seeking for payment of her husband's unpaid salary from August, 2011 till winding up of the said store, gratuity, earned leave encashment, EPF contribution (both employer and employee), bonus, ESI benefits and all other admissible entitlement along with interest at 12% per annum.
The husband of the respondent herein was an employee in Pondicherry Public Servants Co-op. Stores Ltd., No.P.456. Similarly, the employees of the Cooperative store Nos.P.456 and P.455 /respondents in W.A.Nos.323 and 324 of 2016 have filed writ petitions, being W.P.Nos.12505 and 12506 of 2015, seeking similar relief for payment of unpaid salary from August, 2011, gratuity, EPF contribution, etc. The said stores were wound up and a Liquidator / 4th appellant was appointed. The learned Single Judge, while issuing notice, granted an interim direction, dated 20th July, 2015, as under : "4.The respondents 3 and 4 cannot withhold the EPF contribution made by the Workmen after the closure of the establishment.
claimed in the petitions are based on the inspection report under Section 76 of the Tamil Nadu Co-operative Societies Act which is enclosed at page No.157 of t he typed set papers.
5.Since EPF contributions were deducted from the salary of the Workmen during their service, the same shall be repaid on the closure of the establishment. Hence, a direction, as prayed for, is issued directing the respondents 3 and 4 to settle the EPF amount to the petitioners as claimed therein, within a period of four weeks from the date of receipt of a copy of this order."
The instant appeals are filed, questioning the direction to pay EPF deducted from the salary of the employees. The learned Single Judge, finding prima facie case that the EPF contributions were made by the employees, held that the writ petitioners are entitled to EPF amount and accordingly, directed to settle the EPF amount within a period of four weeks. We do not find any error in the order rendered by the learned Single Judge, as the employees are entitled to EPF contributions made by them, which have been directed to be paid forthwith. On the other issues, the matter is still under consideration in the pending writ petitions. We do not find any infirmity in the order of the learned Single Judge, which is unexceptionable.
Resultantly, the writ appeals are dismissed. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar To 1.The Chief Secretary, 2.The Secretary (Co-operation),
3.The Registrar of Co-operative Societies, 4.The Liquidator, Pondicherry Public Servants Co-op. Stores Ltd., No.P.456 (Vanavil), 5.The Liquidator, Ariyankuppam Public Servant Co-op Stores No.P.455 (Vanavil), +1cc to the Government Pleader Puducherry, Sr.18269 W.A.Nos.322 to 324 of 2016 scd(CO) srg(15.04.2016)