The Management Of Tamilnadu v. The Presiding Officer

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th December 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.GOVINDARAJ and Members Mr.G.Palaniappan (Dist. Judge, Retd.) Mr.L.Chandrakumar W.P.NO.14670 OF 2011 AND MP NO.1 OF 2011 (Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorari, to call for the records relating to I.D.No.67 of 2003 dated 22.03.2010 on the file of the first respondent herein and quash the same.) The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited No.27, Railway Station New Road, Kumbakonam.

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Petitioner Vs.

1.The Presiding Officer Labour Court Cuddalore.

2.K.P.Rajendran ...

Respondents This case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.D.Venkatachalam, learned counsel for the petitioner and Mr.R.Bala Ramesh, learned Special Government Pleader and the second respondent are present. After mutual discussion, both parties have arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT Challenging the order dated 22.03.2010 passed by the first respondent in I.D.No.67 of 2003, the petitioner is before this Court.

2. The learned counsel appearing on either side would submit that the matter has been settled. They filed a joint memo, which reads as follows:

"JOINT MEMO FILED BY BOTH PARTIES The 2nd Respondent was worked as a Conductor in this appellant Corporation. He was dismissed from service on 02.01.2002 for 3rd FC case.

The 2nd Respondent filed ID in no 67/2003 before the Labour Court Cuddalore. After full trial the Labour Court Cuddalore ordered in its order dated 22.03.2010 to reinstated the workman with continuity of service and without back wages.

Against the Labour Court order this appellant filed writ petition before the Honourable High court in WP no 14670/2011. After argument the Honourable High court of Madras ordered 17B wages in WMP.Nos.2/2011 on 14.10.2015 directed the petitioner to pay last drawn wages to the 1st Respondent.

Now the 2nd Respondent come forward for settlement this case on the following terms.

After deliberation and negotiation both the parties have arrived at a settlement in the following terms:-

1. Both the parties hereby agreed that the 2nd Respondent is reinstated into service with continuity of service.

2. The non duty period will be considered as no work no pay. ( ie. 02.01.2002 to 21.03.2010)

3. This 2nd Respondent agrees not claim any back wages except the 17B wages already received.

4. The employer contribution with interest for the 17B period (ie. 22.03.2010 to 31.12.2018) will be paid by the 2nd Respondent .

5. The 2nd Respondent herein will have no other claim whatsoever against the appellant and he accepts the above terms of settlement as full and final. 3.Recording the settlement arrived at between the parties, this writ petition is disposed of. The joint memo filed by the parties is taken on file and shall form part of the record. No costs. Consequently, connected miscellaneous petition is closed.

The Management Tamil Nadu State Transport Corporation (Kumbakonam Division-I) Limited Railway Station Road, Kumbakonam.

Counsel for the petitioner 1.The Presiding Officer Labour Court Cuddalore.

Counsel for the 1st Respondent 2.K.P.Rajendran Counsel for the 2nd Respondent 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 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member

M. GOVINDARAJ, J.

TK To:The parties/Advocate concerned Copy to:

1.The Presiding Officer, Labour Court, Cuddalore. 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 W.P.NO.14670 OF 2011 08.12.2018