Very Important Madras High Court Bench Order dt. 12.11.2019

MADRAS HIGH COURT

13/11/19

Dear friends, greetings and wishes to all.

The Madras High Court Bench Order dt. 12.11.2019 in W.A.Nos.3735, 3750 & 3755 of 2019, W.A.Nos.3735, 3750 and 3755 of 2019 and C.M.P.Nos.23714, 23769 and 23788 of 2019

THE HON'BLE CHIEF JUSTICE

and

SUBRAMONIUM PRASAD, J.

Heard Mr.V.Karthic, learned Senior Counsel and Mr.Balan Haridoss, learned counsel, for the respondents/writ petitioners, who have opposed the writ appeals contending that the directions of the learned Single Judge are in conformity with law, whereas Mr.Kunjithapatam Ramu, the learned counsel for the appellants, contends that the directions are in respect of such employees, who have retired and the execution thereof is sought to be implemented long after their retirement, which, according to the learned counsel for the appellants, would not be in conformity with the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and for several other grounds that have been taken in the writ appeals.

1.The learned counsel for the appellants also states that certain SLPs./Writ Petitions are pending before the Apex Court involving the said issue, but so far as the High Court is concerned, another Division Bench of this Court in Writ Appeal Nos.3678 and 3680 of 2019, has been pleased to pass the following order on 07.11.2019, “The entire process of application both at the end of the
employer as well as the authorities shall proceed, except the payment of enhanced pension. Payment of enhanced pension alone is stayed.

2.The learned counsel appearing on behalf of the
appellants is permitted to serve notice on the learned counsel who appeared on behalf of the respondents before the learned Single Judge.

3.Notice to the respondents returnable in four weeks. Private notice is also permitted.”

3.The issue raised, therefore, requires a consolidated hearing and for the said purpose, we direct that the present writ appeals along with analogous matters be listed for admission as agreed upon by the learned counsel for the parties on 10.12.2019.

4.Registry to issue notice to the learned Additional Solicitor
General of India, who may call upon and receive instructions in the matter, as it is the contention raised on behalf of the appellants that the issue raised involves financial implications and consequently, the Union of India would have to be necessarily heard in the matter.

5.As an interim measure, the appellants would be entitled to the same protection as recorded in the order dated 07.11.2019 in W.A.Nos.3678 and 3680 of 2019.
List on 10.12.2019, along with W.A.Nos.
(A.P.S., CJ.) (S.P., J.)
Click Here to download order copy