IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2017
CORAM :
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. Nos. 11535 & 11536 of 2011 and M.P. Nos. 2, 2, 3 & 3 of 2011
1. P.R. Sridharan
2. R. Ramachandran
3. P.V. Ramachandran V. Srinivasan (Deceased) K.S. Subramaniam (Deceased)
6. N. Balasubramaniam
7. R. Venkataraman
8. V. Venkataramanan .. Petitioners in W.P.No.11535/2011
9. Prathibha Srinivasan W/o. V. Srinivasan (Late)
10. Sriram Srinivasan S/o. V. Srinivasan (Late)
11. Swetha Srinivasan D/o. V. Srinivasan (Late) Substituted Petitioners in W.P. No.
11535/2011
12. G. Vasantha W/o. K.S. Subramaniam
13. S. Shankaranarayanan S/o. K.S. Subramaniam
14. S.S. Bhavani D/o. K.S. Subramaniam 11535/2011 Substituted Petitioners in W.P. No.
1. G. Ramani
2. V. Loganathan
3. V. Ramachandran
4. Y. Murali
5. S. Ramasamy
6. P.N. Rajan
7. R. Venkataraman
8. V. Venkataramanan .. Petitioners in W.P.No.11536/2011 Vs.
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.
3. The Britannia Industries Ltd., rep. By its Chief Executive Officer Britannia Gardens, Airport Road Vimanapura, Bangalore – 560 017.
4. The Britannia Industries Ltd., Officers Pension Fund Rep. by its Managing Trustees Britannia Gardens, Airport Road Vimanapura, Bangalore – 560 017. ` .. Respondents in 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.
For Petitioners : Mr. Govardhan in both cases for M/s. Row & Reddy For Respondents : Mr. Joseph George Mayiladupuna in both cases for R1 & R2 Mr. C. Seethapathy for M/s. P.R. Raman for R3 & R4 O R D E R 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 petitioner, 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
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