Kalpana Srinivasan vs The Secretary To Government Of ...
2023 Latest Caselaw 6208 Mad

                                                                          W.P.No.28070 of 2012



                                   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


                                              W.P.No.28070 of 2012

                     Kalpana Srinivasan                              ..    Petitioner

                                                      Vs

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

                     2.The Controlling Authority under
                           Payment of Gratuity Act/
                       Assistant Commissioner of Labour,
                       Coimbatore-15.

                     3.Vimala Bai                                    ..    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 of 47 of 2009 viz., the Payment of Gratuity
                     (Amendment) Act, 2009 as unconstitutional, illegal and a colourable
                     legislation.




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                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                               W.P.No.28070 of 2012



                                      For the Petitioner       : Ms.K.Abhiramee
                                                                 for Mrs.V.Srimathi

                                      For the Respondents      : Mr.S.Mahesh
                                                                 ACGSC
                                                                 for respondents 1 and 2
                                                               : Mr.S.Saravanan
                                                                 for respondent No.3

                                                            ORDER

(Order of the court was made by the Hon'ble Chief Justice)

We have heard Ms.K.Abhiramee, learned counsel for the

petitioner; Mr.S.Mahesh, learned ACGSC for respondents 1 and 2 and

Mr.S.Saravanan, learned counsel for the third 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.

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https://www.mhc.tn.gov.in/judis W.P.No.28070 of 2012

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.

                                                      (S.V.G., CJ.)                 (P.D.A., J.)
                                                                       14.06.2023
                     Index                  :     Yes/No
                     Neutral Citation       :     Yes/No
                     bbr

                     To

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

2.The Controlling Authority under Payment of Gratuity Act/ Assistant Commissioner of Labour, Coimbatore-15.

__________

https://www.mhc.tn.gov.in/judis W.P.No.28070 of 2012

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

bbr

W.P.No.28070 of 2012

14.06.2023

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https://www.mhc.tn.gov.in/judis