Writ petition challenging the constitutionality of the wage ceiling bonus entitlement under the Payment of Bonus Act, 1965, dismissed as infructuous after the petitioner made an endorsement to that effect.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :04.10.2017 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.5715 of 2003
Tamil Nadu Consumer Co-operative Employees Federation (Regd.No.799/Che) rep.by its President, 72-C, 'L' Block, Anna Nagar East, Chennai – 600 102.
..Petitioner
vs
1.The Union of India, rep.by Secretary to Government, Ministry of Labour, New Delhi. 2.The State of Tamil Nadu, rep.by its Secretary to Government, Department of Co-operation, Food and Consumer Protection, Fort St.George, Chennai – 600 009.
3.The Registrar of Co-operative Societies, 170, E.V.R.Periyar Road, Kilpauk, Chennai – 600 010.
4.The Special Officer, Chandrasekarappuram Consumer Co-op. Wholesale Stores, 8-A, Ramasami Kovil West Street, Kumbakonam – 612 001.
5.The Special Officer, Cuddalore District Consumer Co-op. Wholesale Store (Saravanabhava), 3, Beach Road, Cuddalore – 607 001.
6.The Special Officer, Coimbatore District Consumer Co-op. Wholesale Store, (Chinthamani Super Market), R.S.Puram, Coimbatore – 641 002.
7.The Special Officer, Dindigul District Consumer Co-op. Wholesale Store, (Abhirami Super Market), 34-B, Pandian Nagar, Dindigul – 624 007.
8.The Special Officer, Dharmapuri District Consumer Co-op.Wholesale Store, 72, Kandasami Vathiyar Street, Dharmapuri – 636 701.
9.The Special Officer, Erode District Consumer Co-op. Whole sale Stores, 124-A, Perundurai Road, Erode – 638 011.
10.The Special Officer, Kanchipuram District Consumer Co-op. Wholesale Store, 93, Prakasam Salai, Broadway, Chennai – 600 108.
11.The Special Officer, Karur District Consumer Co-op. Wholesale Store, (Amaravathi) Karur - 639 001.
12.The Special Officer, Madurai District Consumer Co-op. Wholesale Store, (Pandian Super Market) 162, East Veli Veethi, Madurai - 625 001.
13.The Special Officer, Mayiladuthurai Consumer Co-op. Wholesale Store, 5-B, Narayana Pillai Lane, Mayiladuthurai - 609 001.
14.The Special Officer, Nilgiris District Consumer Co-op. Wholesale Store, Regend House, Club Road, Udhamandalam - 643 001.
15.The Special Officer, Nilagiri Co-operative society, (N.C.E.Super Market) Charing Cross, Udhamangalam - 643 001. 16.The Special Officer, North Chennai Consumer Co-op. Wholesale Store, 233, Thiruvottiyur High Road, Old Washermenpet, Chennai - 600 021. 17.The Special Officer, Park Town Consumer Co-op. Wholesale Store, (Chinthamani Super Market) 1 & 2, Davidson Street, Broadway, Chennai - 600 001. 18.The Special Officer, Ramanathapuram District Consumer Co-op. Wholesale Store, 265, Vandikara Street, Ramanathapuram - 623 501.
19.The Special Officer, Salem District Consumer Co-operative Wholesale Store, (Ponni Head Office) Seetharaman Road, Salai - 636 009.
20.The Special Officer, Tuticorin District Consumer Co-op. Wholesale Store, 134, Big Cotton Road, Tuticorin - 628 001.
21.The Special Officer, Thanjavur District Consumer Co-op.Wholesale Store, 34/2769-11, South Alangam, Thanjavur - 613 001.
22.The Special Officer, Thiruvannamalai District Consumer Co-op.Wholesale Store, 15, Gandhi Nagar 5th Street, Thiruvannamalai - 606 601.
23.The Special Officer, Trichy District Consumer Co-op. Wholesale Store, Old Goodshed Road, Trichy - 627 001. 24.The Special Officer, Thirunelveli District Consumer Co-op. Wholesale Stores (Nellai Super Market) Thirunelveli Junction - 627 001. 25.The Special Officer, Perambalur District Consumer Co-op. Wholesale Store, K.R.Complex, Thoraimangalam, Perambalur - 621 220.
26.The Special Officer, Rajapalayam Consumer Co-op.Wholesale Store, 346, Bharathi Salai, Housing Board Colony, Rajapalayam - 626 108.
27.The Special Officer, Sivagangai District Consumer Co-op. Wholesale Store, 6, Ram Nagar, Melur Road, Sivagangai - 623 560.
28.The Special Officer, Thiruppur Consumer Co-op Wholesale Store, 1, Perumanallur Salai, Thiruppur - 638 002. 29.The Special Officer, Trichy District Consumer Co-op. Wholesale Store, (Chinthamani Supermarket) 12/1, E.V.R.Salai,Puthur, Trichy - 620 017. 30.The Special Officer, Triplicane Urban Co-op, Society (TUCS) 119, Big Street, Triplicane, Chennai - 600 005.
31.The Special Officer, Tiruvallore District Consumer Co-op. Wholesale Store, Tiruvallur - 602 021. 32.The Special Officer, Virudhunagar District Consumer Co-op. Wholesale Store, Aruppukottai Road, Virudhunagar - 626 001.
33.The Special Officer, Vellore District Consumer Co-op. Wholesale Store, Wholesale Store, 14, Officers Line, Vellore - 632 001.
34.The Special Officer, Villupuram District Consumer Co-op. Wholesale Stores, 13-A, Chairman Chidambaram Salai, West Shanmugapuram, Villupuram - 605 602.
35.The Special Officer, Kanniakumari District Consumer Co-op. Wholesale Store, (Baghavathi Super Market) Nager Coil - 629 001.
36.The Special Officer, Pollachi Consumer Co-op. Wholesale Store, Palladam Salai, Mahalingapuram Post, Pollachi - 642 001.
37.The Special Offficer, Namakkal District Co-op. Wholesale Store, Namakkal.
38.The Special Officer, Pudukottai District Consumer Co-op. Wholesale Store, Pudukottai - 622 001.
.. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring the ceiling on the wages of the employees with regard to entitlement for Bonus in Section 2(13) of the Payment of Bonus Act, 1965 as illegal and unconstitutional and consequently set aside the order of the 2nd Respondent made in G.O.(D) No.234, Co-operation, Food and Consumer Protection (CC) Department, dated 31.10.2002 and direct the respondents 3 to 38 to pay Bonus to those employees who are out of the Ceiling of Wages under Sec.2(13) of the Payment of Bonus Act from 1998 to 2002 and award costs.
For Petitioner :Mr.S.Ayyadurai For Respondents :Mr.L.P.Shanmugasundaram Special Government Pleader (Co-operatives)for R3 Mr.R.Vijayakumar, AGP, for R2 Mr.R.N.Amarnath, for R7 & 11 Mr.M.R.Raghavan, for R19 Mr.S.V.Duraisolaimalai, for R23 Mr.V.Arun, for R24 & 26 Mr.P.Anbarasan, for R30 Mr.P.S.Sivashanmugasundaram for R33
No Appearance : RR1,R4 to R6, R8 to R10, R12 to R18, R20 to R22, R25, R27 to R29, R31&R32, and R34 to R38
O R D E R
The learned Counsel appearing for the petitioner submits that the prayer in the Writ Petition has already became infructuous and he had also made an endorsement to that effect.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
kak
To
1.The Secretary to Government,
The Union of India,
Ministry of Labour,
New Delhi.
2.The Secretary to Government,
The State of Tamil Nadu,
Department of Co-operation, Food
and Consumer Protection,
Fort St.George,
Chennai – 600 009.
3.The Registrar of Co-operative
Societies,
170, E.V.R.Periyar Road,
Kilpauk,
Chennai – 600 010.
W.P.No.5715 of 2003
gjII(co)
aa10/11/2017
2 provisions across 2 enactments
Tamil Nadu Consumer Co-operative Employees Federation
Union of India
State of Tamil Nadu
Registrar of Co-operative Societies
The Special Officer, Chandrasekarappuram Consumer Co-op. Wholesale Stores
The Special Officer, Cuddalore District Consumer Co-op. Wholesale Store
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
