Madras High CourtWP/1061/2022settled before the lokadalats

S.S.117, Salem District Town Panchayat v. The General Secretary

2023-06-10Honourable Mrs Justice R. Kalaimathi4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organized by the High Court Legal Services Committee Saturday, the 10th day of June, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R.KALAIMATHI and Member :

Mr.M.Sambasivam, District Judge (Retd.) Mr.K.Thirukkumaran, Advocate W.P.No.1061 of 2022 Petition filed seeking to call for the records of the award dated 17.04.2021 passed in I.D.No.2 of 2020 on the file of the Labour Court, Salem and to quash the same.

S.S.117, Salem District Town Panchayat, Department Employees Co-operative, Thrift and Credit Society Limited, represented by its President, Old Nattamai Kalaga Building Complex, Hasthampatty, Salem - 7.

... Appellant Vs.

1.The General Secretary, Salem, Dharmapuri, Namakkal, Erode District, Transport and General Employees Sangam, No.44-A, Mariamman Koil Street, hasthampatty, Salem - 7.

2.M.Annamalai S/o.G.Munusamy ... Respondents (R2 impleaded vide order of this Court dated 25.04.2023 in W.M.P.No.9435 of 2023 in W.P.No.1061 of 2022)

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.P.K.Shiva Kumar, learned counsel for appellant and Mr.G.Mohanraj, learned counsel for the second respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter and filed a memorandum of settlement, which reads as follows: TERMS & CONDITIONS OF SETTLEMENT

1. The employer agrees to fix the time scale notionally on the date of completion of 480 days with effect from 01.01.2004 and agrees to pay the arrears of payment of time scale salary as per the circular issued by the Registrar of Co-operative Societies in Na.Ka.No.93630/2015 Va.A1(1) dated 08.11.2018 and the employee agrees for the same.

2. The employee agrees to give up all claim of back wages prior to 08.11.2018 and entitled to be paid back wages from 08.11.2018 till date with continuity of service.

3. The employer agrees to pay the back wages above said within a period of 4 weeks from the date of the order of the Hon'ble High Court of Judicature at Madras.

4. The employer agrees to file a copy of the settlement before the Lok Adalat and request the Lok Adalat to record the settlement and pass suitable orders in the terms of settlement.

5. The employer agrees no claim or back wages whatsoever against the employer and the employer also agrees that there is no claim whatsoever against the employee.

This writ petition is disposed of in the above terms. Connected miscellaneous petition is closed, if any.

Counsel for the Appellant

1.The General Secretary, Salem, Dharmapuri, Namakkal, Erode District, Transport and General Employees Sangam, No.44-A, Mariamman Koil Street, hasthampatty, Salem - 7.

2.M.Annamalai S/o.G.Munusamy Counsel for the respondents This Lok Adalat award is passed in terms of the above settlement. The full court fee paid shall be refunded to the appellant 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 2 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To: The parties/Advocate concerned Copy to:

1.The Labour Judge, Labour Court, Salem.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court Madras. +2 copies nsd

R.KALAIMATHI, J.

nsd W.P.No.1061 of 2022 10.06.2023