Renowned Auto Products Manufactures Ltd v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2023

CORAM

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MRS. JUSTICE R.KALAIMATHI and C.M.P.No.3306 of 2020 Renowned Auto Products Manufacturers Limited, now known as M/s.Tenneco Automotive India Private Limited, represented by its Director Mr.J.Ambrose, Having its registered office at No.122, SIPCOT Industrial Campus, Hosur - 635 126.Krishnagiri District.

... Appellant vs.

1.The Presiding Officer, Labour Court, Salem.

2.L.Ellapa ... Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the common order passed in W.P.No.20226 of 2014 dated 18.11.2019. For Appellant : Mr.J.R.Jayant For Respondents : Mr.R.Bharath Kumar [R2] ***** 1/6

JUDGMENT

[Delivered by S.VAIDYANATHAN, J] This writ appeal has been filed against the common order passed in W.P.No.20226 of 2014 dated 18.11.2019.

2. When the matter is taken up for hearing, the parties are present before this Court and a Joint Memo of Compromise dated 16.02.2023 has been entered into between the parties and the same is scanned below: 2/6

3. The Management has also agreed to pay the gratuity for the actual years of service rendered up to the date of termination within a period of one month from today. The employer is also expected to sign the necessary forms to enable the employee to get the EPF from the EPF account. The 3/6

amount of Rs.25,00,000/- [Rupees Twenty Five Lakhs only] will be spreadover for the period from 17.03.2004 till 28.02.2023 for the purpose of getting income tax benefits in the light of the judgment of the Supreme Court in Sundaram Motors (P) Ltd. v. Ameerjan and another [1985 2 LLJ 22]. The aforesaid compensation paid to the employee will not be treated as wages for the purpose of ESI and EPF.

Recording the Joint Memo of Compromise dated 16.02.2023, this Writ Appeal is disposed of. The Joint of Memo of Compromise dated 16.02.2023 shall form part of the records. No costs. Consequently, the connected miscellaneous petition is closed.

[S.V.N., J] [R.K.M., J] 16.02.2023 Index: Yes/ No Netural Citation :Yes/No Speaking order/Non-speaking order gm 4/6

To The Presiding Officer, Labour Court, Salem.

5/6

S.VAIDYANATHAN, J.

and R.KALAIMATHI, J.

gm 16.02.2023 6/6