A.Rajendran v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 28.10.2024 PRONOUNCED ON : 07.11.2024

CORAM:

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.No.13111 of 2011 Rajendran ... Petitioner Vs

1. The Presiding Officer Additional Labour Court, Vellore, Vellore District.

2. The Management Axles India Limited, Vadamavanandal Village, Vembakkam Panchayat, Nemandi Post, Cheyyar Taluk - 604 410 Thiruvannamalai ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Certiorari to call for the records from the files of the 1st respondent in I.D.No.149 of 2009 and quash its impugned Award made therein dated 28.12.2010 insofar as the 1st respondent has negatived his claim for reinstatement in service, with continuity of service, with back wages and with

all other attendant and consequential benefits. For Petitioner : Mr.K.M.Ramesh Senior Counsel For Respondents : Mr.G.Anandakrishnan for R2

O R D E R

This writ petition is filed for issuance of writ of certiorari to call for the records from the files of the 1st respondent in I.D.No.149 of 2009 and quash its impugned Award made therein dated 28.12.2010 insofar as the 1st respondent has negatived the petitioner's for reinstatement in service, with continuity of service, with back wages and with all other attendant and consequential benefits.

2. Heard both side and perused the materials available on record.

3. The workman is the petitioner in this writ petition. He has challenged the order of the 1st respondent Labour Court made in I.D.No.149 of 2009 dated 28.10.2010, wherein, relief claimed by him for reinstatement and back wages were denied. The writ petition was admitted on 07.06.2010 and on notice, the

2nd respondent entered appearance. On 22.10.2024, when the matter was called the learned counsel for the 2nd respondent produced a copy of the settlement entered into under Section 18(1) of the ID Act at 02.04.2021 between the petitioner and the 2nd respondent. This is not disputed by the learned counsel for the petitioner. Under the terms of the settlement, the workman has received certain monetary benefits and also gave up claiming any relief pursuant to the ID. In paragraph 5 of the settlement, he had agreed not to pursue the above writ petition and also withdraw from the case in view of the settlement.

4. In view of the above, the writ petition stands dismissed. No orders as to cost.

07.11.2024 Index : Yes /No Speaking Order : Yes/No dpq To

1. The Presiding Officer Additional Labour Court, Vellore, Vellore District.

DR.A.D.MARIA CLETE, J.

dpq Pre-delivery order in W.P.No.13111 of 2011

07.11.2024