M. THANGAM Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This Writ Appeal is filed as against the Order passed in W.P. No.3249 of 2020, dtd. 13/8/2021. The Order passed by the Writ Court is that the Petitioner and other Employees shall be paid all the terminal benefits upto the age of 58 years and not beyond that, including gratuity. The Writ Court further directed the 1st Respondent/Government to refer the matter to the appropriate Tribunal or Labour Court for adjudication. Further, observed that there is no impediment for Plastic Export Promotion Council to recover the amount paid beyond 58 years from the Petitioner in terms of the Interim Order of this Court, dtd. 11/2/2020 in W.P. No.3249 of 2020 and the amount can be recovered either from the provident fund payable by the Employer or from the gratuity amount.

(2.) The facts of the case of the Appellant, which are necessary for the disposal of this Writ Appeal is as under:

(3.) The learned Counsel for the Appellant would submit that the 2nd Respondent is a "State" under Article 12 of Constitution of India. At every stage of its activity, it is covered by Government Control. As per Clause 9 of the Memorandum of Association governing the 2nd Respondent, it says "No change, alteration of modification shall be made in the Memorandum without the prior concurrence of the Union Government". Clause 47.1 is as follows: