← Library
Madras High CourtWP/1154/2021disposed of

Ucal Fuel Systems Ltd v. N.Govindharajalu

2022-06-10Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.1154 of 2021 WMP No.29170 of 2021 M/s Ucal Fuel Systems Ltd., A-98, PIPDIC Industrial Estate, Mettupalayam , Puducherry 605 009, rep. by its Managing Director.

... Petitioner Vs.

N.Govindharajalu, No.199, First Floor, Vazhudavur Road, Thilsapet, Puducherry.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus, to call for the records and to quash the Award dated 13.12.2019 passed in I.D(L) No.34/2015 by the Presiding Officer, Industrial Tribunal Cum Labour Court, Puducherry.

For Petitioner :

Mr.C.Manohar Gupta for M/s.Gupta and Ravi For Respondent :

Mr.S.Giritharan

ORDER

This writ petition has been filed seeking to quash the impugned Award dated 13.12.2019 passed in I.D(L) No.34/2015 by the Presiding Officer, Industrial Tribunal Cum Labour Court, Puducherry.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. This Court vide order dated 04.03.2022, had referred the matter to the Tamil Nadu Medication and Conciliation Centre at Chennai for amicable settlement.

4. Pursuant to the above order, both the parties have appeared before the Mediation Centre and an amicable settlement was entered into between the parties on 25.04.2022. Mediation Report dated 28.04.2022 has also been placed before this Court. Hence, the matter is listed today for passing appropriate orders.

5. It is stated by the learned counsels to both the parties that, an amicable settlement was entered into between the parties before the Mediation Centre and to that effect an agreement was executed and the terms of the Settlement was agreed by both the parties. As per the settlement, the respondent/employee herein, agreed to receive monetary compensation of Rs.5,90,000/- as full and final settlement from the petitioner Management. Further, the respondent also has no objection to withdraw a sum of Rs.2,15,565/-, deposited by the respondent Management to the credit of I.D(L) No.34 of 2015 on the file of the Prresiding Officer, Industrial Tribunal Cum Labour Court, Puducherry. Therefore, they prayed to dispose the writ petition by passing appropriate orders.

6. Recording the above submissions, this court is inclined to pass the following order.

i) The writ petition is disposed of, as per the terms of the Settlement entered into between the parties dated 25.04.2022 before the Mediation Centre. No costs. The connected writ miscellaneous petition is closed.

ii) The Terms of the Settlement between the parties dated 25.04.2022 shall form part and parcel of this order. iii) As per clause (f) of the terms of Settlement, the petitioner management is at liberty to withdraw a sum of Rs.2,15,565/- with accrued interest, lying to the credit of I.D (L), No.34 of 2015 on the file of the Presiding Officer, Industrial Tribunal Cum Labour Court, Puducherry, by making appropriate petition before the said Court.

* Xerox copy of the Memorandum of Settlement is enclosed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar mst

Copy to The Presiding Officer, Industrial Tribunal Cum Labour Court, Puducherry.

+1cc to Mr.S.Giritharan, Advocate, S.R.No.34746 +1cc to M/s.Gupta and Ravi, Advocate, S.R.No.34730 W.P.No.1154 of 2021 SSD(CO) UMA(21/06/2022)