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2009 Supreme(Mad) 2423

P.JYOTHIMANI, ARUNA JAGADEESAN
The Chairman Bar Council of Tamil Nadu High Court Campus Chennai & Another – Appellant
Versus
S. Seshachalam & Others – Respondent


Advocates Appeared:
For the Appellants:R. Thiagarajan, Senior Counsel, K. Venkatakrishnan, Advocate, R. Thirugnanam, Spl. Govt. Pleader. For the Respondents:Krishnan, Senior Counsel, R.C. Paul Kanagaraj, Advocate.

Judgment :-

P. JYOTHIMANI, J.

These appeals are filed by the Bar Council of Tamil Nadu and the Government of Tamil Nadu against the common order of the learned Judge dated 3. 2007 made in W.P.Nos.1991 of 1996, 11133 of 1998, 1932 of 2003 and 4533 of 2004, by which the learned Judge has struck down a proviso to Explanation II(5) to Section 16 of the Tamil Nadu Advocates Welfare Fund Act, 1987 (for brevity, "the Welfare Fund Act").

.2. The first respondent in W.A.No.823/2007, respondents 1 to 6 in W.A.No.824/2007, respondents 1 to 5 in W.A.No.826/2007, respondent in W.A.No.829/2007, respondents 1 to 5 in W.A.No.830/2007, first respondent in W.A.No.831/2007 and respondents 1 to 6 in W.A.No.832/2007 (for brevity, "the contesting respondents"), who are the advocates enrolled with the Bar Council of Tamil Nadu after having retired from Government and other services, have challenged the above said proviso by which the benefit of payment of Rs.2 Lakhs to a member of the Advocates Welfare Fund is denied to the legal heirs or nominees on the death of such advocates who were on receipt of pension, gratuity or other terminal benefits from any State Government or Central Government or other aut























































































































































































































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