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1998 Supreme(Mad) 1087

T.MEENA KUMARI
R. RAMANATHAN CHETTAIR JEWELLERS – Appellant
Versus
REGIONAL COMMISSIONER, EMPLOYEES PROVIDENT FUND – Respondent


For the Appearing Parties:R. Parthiban, V. Vibishanan, Advocates.

Judgment :

( 1 ) THIS writ petition is for the issue of writ of certiorari to call for the records of the respondent in proceedings No. C4/ TN/2709/ ENF/ MDU/89 dated March 21, 1989 and quash the same.

( 2 ) THE case of the petitioner is that they are doing business of jewellery sales. They engage employees of various categories like Accountants, Clerks, Salesman, Attenders, Watchmen etc. It is contended on behalf of the petitioner that the wages paid to the employees are more than the minimum wages fixed by the Government of Tamil Nadu. The wages include Basic pay and Dearness Allowance. Apart from the wages, it is averred in the writ petition that some of its employees are being paid ex-gratia amount on the 15th of every month as a special allowance. It is also the case of the petitioner that the said allowance is not paid to all its employees and even in respect of some of the employees they have stopped payment also. It has been contended that the special allowance was never treated as a part of their basic wages and as a matter of fact, when the leave salary has to be paid, this allowance is not taken into account for payment of leave salary. Even when the gratuity is to be pai







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