The Management v. The Special Joint Commissioner Of Labour

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 09th day of December 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE C.KUMARAPPAN and Members:

1.Mr.K.Ramakrishnan, District Judge (Retd.) 2.Mr.K.Ethirajalu, Advocate W.P.No.500 of 2023 Writ Petition filed for issuance of Writ of Certiorarified Mandamus, to call for the records of the first Respondent pertaining to his proceedings in A.P.No.237 of 2020 dated 17.05.2020 and quash the same and consequently allow the approval petition filed by the Petitioner Management in A.P.No.237 of 2020.

The Management Metropolitan Transport Corporation Anna Salai Chennai 600 002 ... Petitioner Vs.

1.The Special Joint Commissioner of Labour Authority under Industrial Disputes Act DMS Compound Teynampet Chennai 600 006 2.D.S.Devaraj, S/o.Seetharam ... Respondents With the consent of both parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present Mr.A.Vinothraj, learned counsel for Petitioner and Mr.D.S.Devaraj (Party in person) are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT Both the parties have agreed to settle the issue and filed a joint memo duly signed by both the parties dated 09.12.2023, wherein it is stated as follows:

"It is submitted that the 2nd Respondent/Workman agrees to forego the entire backwages form the date of removal i.e., 21.12.2020 to till the date of reinstatement and agrees to pay the employer PF contribution for the non-employment period as per the PF Trust Rules. Further, the Petitioner/Corporation have agreed to reinstate the 2nd Respondent with continuity of service and the 12(3) settlement wages only for the non-employment period"

2.The Petitioner agreed to comply with the terms of the compromise within a period of three months. In terms of the above joint memo dated 09.12.2023, the Writ Petition is disposed of and the said joint memo shall form part of this order.

The Management Metropolitan Transport Corporation Anna Salai, Chennai 600 002 Counsel for Petitioner 1.The Special Joint Commissioner of Labour Authority under Industrial Disputes Act DMS Compound Teynampet, Chennai 600 006 2.D.S.Devaraj (Party in person)

This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the Petitioner in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To: The parties/Advocate concerned Copy to:

1.The Secretary, High Court Legal Services Committee, Chennai. 2.The Section Officer, V.R.Section, High Court, Madras. 3.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

C.KUMARAPPAN, J.

at/sai W.P.No.500 of 2023 09.12.2023