TAMILNADU POKKUVARATHU KAZHAGA THOZHILALAR NALA SANGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) While W.P. No. 12891 of 1999 has been filed by the Appellant for the issue of Writ of Declaration declaring that the deduction and recovery of dearness allowance variably made in the salary of the employees of the Petitioner union in the month of May 1999 and subsequently is illegal, arbitrary and unsustainable and consequently direct the Respondent to refund the recovery already made on various rates, W.P. No. 10643 of 2000 has been filed for the issue of Writ of Declaration declaring that the recoveries made variably in the salary of the members of the Petitioner Union for the month of May 2000 and subsequently, under the caption Dearness Allowance, Medical Allowance is illegal, arbitrary and null and void and consequently, direct the Respondent to refund the recoveries already made on various rates.

(2.) The allegations in the affidavit for writ petitions are as follows:

(3.) It is significant to mention that Dearness Allowance has never been decreased or recovered from the salary of the employees previously and infect the said Dearness Allowance is being paid only in an increased rates and all the wage settlements do not contain a clause either to decree or to recover the Dearness Allowances. Even in the current VIII wage settlement there is no provision for such recovery or deduction.