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Madras High Court

Anglo French Textiles United Staff ... vs The Union Of India on 2 August, 2022

Author: J.Sathya Narayana Prasad

Bench: J.Sathya Narayana Prasad

                                                                                     W.P.No.4445 of 2010

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 02.08.2022

                                                        CORAM :
                        THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD

                                           Writ Petition No.4445 of 2010

                    Anglo French Textiles United Staff Association,
                    (Regn No.RTU/982/95) represented by its
                    Secretary Mr.D.Santhanam.                                 ... Petitioner
                                                            Vs.
                    1.The Union of India,
                      Ministry of Public Enterprises,
                      Lodi Road, New Delhi – 110 003.

                    2.The Union Territory of Puducherry Government,
                      Rep. by its Member Secretary to Government,
                      Labour Department, Chief Secretariate,
                      Government of Puducherry, Puducherry.

                    3.The Under Secretary to Government (Ind & Com),
                      Government of Puducherry, Puducherry.

                    4.The Chiarman & The Managing Director,
                      Pondicherry Textile Corporation,
                      (A Government of Puducherry undertaking)
                      Mudaliarpet, Puducherry – 605 004.                               …
                    Respondents

                              Writ Petition filed under Article 226 of Constitution of India, praying
                    for issuance of Writ of Certiorarified Mandamus, calling for the records


                    Page No.1 of 5

https://www.mhc.tn.gov.in/judis
                                                                                  W.P.No.4445 of 2010

                    pertaining to the impugned G.O.Ms.No.5/2009-Ind-B dated 23.09.2009,
                    Department of Industrial Development (Industries and Commerce),
                    Government of Puducherry and quash the same as illegal, ultravires and
                    arbitrary and direct the respondents to revise the pay scale of the members of
                    the petitioners as per the recommendations of 6th Central Pay Commission as
                    agreed upon in the Appointment/Promotion order.


                              For Petitioner         :      M/s.S.Vijayalakshmi

                              For Respondent 1         :     Mr.J.Madana Gopal Roa,
                                                 Special Panel Counsel

                              For Respondents 2 & 3 :    Mr.A.Alexandar,
                                               Government Advocate (Puducherry)

                              For Respondent 4       :      M/s.B.Priyatharsini


                                                         ORDER

The relief sought in this writ petition is to call for the records pertaining to the impugned G.O.Ms.No.5/2009-Ind-B dated 23.09.2009, Department of Industrial Development (Industries and Commerce), Government of Puducherry and quash the same as illegal, ultravires and arbitrary and direct the respondents to revise the pay scale of the members of the petitioners as per the recommendations of 6th Central Pay Commission as agreed upon in the Appointment/Promotion order. Page No.2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.4445 of 2010

2. The learned counsel appearing for the fourth respondent/Pondicherry Textile Corporation Limited submitted a written instruction dated 28.07.2022, in which it is mentioned that the mill was closed with effect from 30.04.2020 and all the dues viz., the terminal benefits and the closure compensation payable to the employees were settled. Since, the corporation is no longer in existence, the question to revise the pay scale of the petitioners as per the recommendations of the 6th Central Pay Commission will not arise.

3. Recording the written instruction dated 28.07.2022 submitted by the learned counsel appearing for the fourth respondent, this writ petition is closed. No costs.


                                                            02.08.2022

                    vm
                    Index      :          Yes/No
                    Speaking Order        :    Yes/No



                    Page No.3 of 5

https://www.mhc.tn.gov.in/judis W.P.No.4445 of 2010 J.SATHYA NARAYANA PRASAD,J.

vm To:

1.The Union of India, Ministry of Public Enterprises, Lodi Road, New Delhi – 110 003.
2.The Member Secretary to Government, The Union Territory of Puducherry Government, Labour Department, Chief Secretariat, Government of Puducherry, Puducherry.
3.The Under Secretary to Government (Ind & Com), Government of Puducherry, Puducherry.
4.The Chiarman & The Managing Director, Pondicherry Textile Corporation, (A Government of Puducherry undertaking) Mudaliarpet, Puducherry – 605 004.
Page No.4 of 5

https://www.mhc.tn.gov.in/judis W.P.No.4445 of 2010 W.P.No.4445 of 2010 02.08.2022 Page No.5 of 5 https://www.mhc.tn.gov.in/judis