Madras High CourtWP/8160/2017settled before the lokadalats

The Management, v. The Special Deputy

2018-08-27Honourable Mr Justice P.Thangavel(Lok-Ii)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Monday, the 27th day of August, 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Mr.Durai Kaliyarathinam Ms.N.Jeya Bharathi W.P.No.8160 of 2017 and WMP.No.23542 of 2017 and WMP.No.8936 of 2017 Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records passed by the first respondent in A.P.No.203 of 2010 dated 09.05.5016 and to quash the same.

The Management, Tamilnadu State Transport Corporation (Salem) Limited, Bharathipuram, Salem Main Road, Dharmapuri - 5.

Represented by its General Manager .. Petitioner Vs.

1. The Special Deputy Commissioner of Labour, DMS Compound, Anna Salai, Chennai.

2. T.K.Vasanthakumar .. Respondents

This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.A.Damodaran, learned counsel for the petitioner and Mr.J.Pradeep, learned counsel for the second respondent are present. TERMS OF SETTLEMENT The petitioner in W.P.No.8160 of 2017 pending on the file of the High Court Madras has been referred to Lok Adalat for conciliation today.

2. The petitioner Management assisted by counsel and the second respondent assisted by counsel are present before the Lok Adalat for conciliation today.

3. The writ petition has been filed by the petitioner / Management to pass an order of writ of certiorari or any other writ, direction or order, to call for the records passed by the first respondent in A.P.No.203 of 2010 dated 09.05.2016 and to quash the same. Both parties assisted by their resepctive counsel made joint endorsement in the writ petition as follows:- The petitioner and respondent agreed that the writ petitioner management has no objection to the respondent joining the service without back wages with continuity of service.

2. The respondent also agreees that he has no objection with the above said proposal of the Management.

3. The respondent agreed that the punishment of dismissal of the respondent may be modified with lesser punishment viz., stoppage of increment with three years with cumulative effect.

4. The writ petitioner agreed for the above said modification of punishment. The respondent has no objection to subject himself to undergo vision and other required medical examination before reinstatement in service. An award may be passed in terms of the Joint endorsement.

4. In view of the joint endorsement made as mentioned above, the Writ Petition is ordered in terms of joint endorsement. No order as to costs. Award is passed accordingly.

Consequently connected miscellaneous petitions are closed.

sd/- The Management, Tamilnadu State Transport Corporation (Salem) Limited, Bharathipuram, Salem Main Road, Dharmapuri - 5.

Represented by its General Manager sd/- Counsel for the Petitioner sd/- sd/- T.K.Vasanthakumar Counsel for the second Respondent sd/- Judge sd/- sd/- Member Member Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Copy to:

The Management, Tamilnadu State Transport Corporation (Salem) Limited, Bharathipuram, Salem Main Road, Dharmapuri - 5.

Represented by its General Manager

2. The Special Deputy Commissioner of Labour, DMS Compound, Anna Salai, Chennai.

3.The Secretary, High Court Legal Services Committee, Chennai.

4.The Section Officer, Writ Section, High Court, Madras. 5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies W.P.No.8160 of 2017 and WMP.No.23542 of 2017 and WMP.No.8936 of 2017 ASK(24/09/2018)