both W.Ps.
PRAYER in both WPs: Writ Petition filed under
Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for records relating to the orders dated 30.03.2011 bearing Ref. No. F.No.225/171/2008-ITA.II and dated 31.03.2011 bearing Ref.No. F.No.225/144/2008-ITA.II passed by the 1st respondent Authority and quash the same insofar as the fresh deed of variation would take effect from 01.11.2004 as being illegal, arbitrary, unreasonable and contrary to the judgment of the Supreme Court reported in 2005 (8) SCC 404 and for a consequential Mandamus to the 2nd respondent to apply the fresh deed of variation to those employees who have entered the services of the 3rd respondent company on or after 01.11.2004 without adversely affecting the rights and benefits of employees appointed prior to 01.11.2004 after giving an opportunity of hearing to us before approving the fresh deed of variation and to pass further orders.
Learned counsel for the petitioners submitted that he may be permitted to withdraw the writ petitions since settlement has been entered between the parties. He has also made an endorsement to that effect.
2. Recording the submission and the endorsement made by the learned counsel for the petitioners, the writ petitions are dismissed as withdrawn. Consequently, the connected M.Ps are closed. No costs.
25.01.2017 Index: Yes/ No [ Issue order copy on 27.01.2017] avr To
1. The Central Board of Direct Taxes rep. By its Member (IT) Department of Revenue Government of India North Block, New Delhi -110 001.
2. The Commissioner of Income Tax Kolkatta -III, P7 Chowringhee Square Ayakar Bhawan, Kolkata -700069.
D. KRISHNAKUMAR J.
avr W.P. Nos. 11535 & 11536 of 2011 and M.P. Nos. 2, 2, 3 & 3 of 2011 25.01.2017 http://www.judis.nic.in