The Management Of v. The Presiding Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and M.P.No.1 of 2015 The Management of Itares Shoes Pvt. Ltd.
33, Gudiyattam Road, Thuththipet Post, Ambur, Vellore District - 635 811 Rep. by its Director ... Petitioner Vs.
1. The Presiding Officer, Principal Labour Court, Vellore.
2. D.Venkatesan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for records and quash the award dated 19.03.2015 passed in ID.No.89 of 2014 by the first respondent, Presiding Officer, Principal Labour Court, Vellore. For Petitioner : Mr.C.Manohar Gupta for M/s.Gupta and Ravi Page No.1 of 6
For Respondents : Mr.E.Srinivasan for R2 *****
ORDER
This Writ Petition has been filed by the petitioner seeking to quash the award dated 19.03.2015 passed in ID.No.89 of 2014 by the first respondent, Presiding Officer, Principal Labour Court, Vellore.
2. The case of the petitioner is that, the second respondent was an employer of the petitioner company. Due to the misconduct committed by the second respondent, the petitioner management dismissed the second respondent after conducting the enquiry. Challenging the dismissal order dated 12.09.2013 passed by the petitioner management, the second respondent raised an industrial dispute before the first respondent in I.D.No.89 of 2014, wherein the first respondent vide award dated 19.03.2015 directed the petitioner management to reinstate the second respondent without any backwages. Challenging the same, the present writ petition has been filed.
3. The learned counsel for the petitioner submits that the petitioner / management offered for reinstatement, however, the second Page No.2 of 6
respondent has not come forward to report to duty. Hence, the order of dismissal was passed by the petitioner / management. Though the present writ petition has been filed seeking the aforesaid relief, however, the learned counsel for the petitioner restricted his prayer and submitted that the petitioner agreed to pay a sum of Rs.5,00,000/- towards compensation in full quit to the second respondent / workman within a reasonable time that may be fixed by this Court.
4. The learned counsel appearing on behalf of the second respondent submitted that the second respondent has agreed to receive a sum of Rs.5,00,000/- towards compensation for the unblemished services rendered by him in full quit.
5. In view of the above settlement arrived between the parties, this Court modifies the impugned award passed by the 1st respondent/Labour Court as follows :- (i) the petitioner /management is directed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only), as compensation, in full quit, to the second respondent/workman, within a period of four (4) weeks from the date of receipt of a copy of this order. Page No.3 of 6
5. With the above modification, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.03.2025 Index : Yes / No Speaking order / Non-speaking order rap Page No.4 of 6
To The Presiding Officer, Principal Labour Court, Vellore.
Page No.5 of 6
M.DHANDAPANI, J.
rap 20.03.2025 Page No.6 of 6