The Managing Director v. V.Sivalingam

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI Writ Appeal No.658 of 2021 and CMP.No.3278 of 2021 The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Region, 1 & 2, Sekkupettai, Nadu Theru, Kancheepuram.

.. Appellant Vs.

1. V.Sivalingam

2. The Special Deputy Commissioner of Labour (Conciliation), DMS Compound, Chennai.

.. Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 12.03.2020 in WP.No.1011 of 2015 passed by the Single Judge of this Court.

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For appellant : Mr.M.Aswin For respondents for R1 : Mr.V.S.Jagadeesan for R2 : Mr.P.Ganesan

JUDGMENT

(The Judgment of the Court was delivered by S.VAIDYANATHAN, J) The first respondent had given consent on negotiation for settlement on 21.01.2023.

2. The learned Standing Counsel appearing for the appellant and the learned counsel for the first respondent would submit that the parties have amicably settled the issue and they have also entered into a joint memo, dated nil. The joint memo has been signed by both the parties and their respective counsel. The said consent on negotiation for settlement and joint memo are produced before this Court and the scanned copy of the same are annexed hereunder:

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3. The learned Standing Counsel appearing for the appellant would submit that the compromise would be implemented within a period of four weeks.

4. The consent on negotiation for settlement, dated 21.01.2023 and the joint memo filed between two parties, dated nil are recorded. The appeal is disposed of in terms of the said joint memo. The joint memo shall form part of this judgment. No costs. Consequently, connected miscellaneous petition is closed.

5. In case, the benefit of settlement is not extended to the first respondent before 10.06.2023, it is open to the employee to make a complaint under Section 29 of the I.D. Act, 1947 against the persons falling under Section 32, ibid., and the Government must sanction prosecution, which shall be tried in accordance with law.

(S.V.N.J.,) (R.K.M.J.,) 18.04.2023 Speaking Order: Yes / No pvs 8 / 10

To The Special Deputy Commissioner of Labour (Conciliation), DMS Compound, Chennai.

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S.VAIDYANATHAN , J and R.KALAIMATHI , J pvs Writ Appeal No.658 of 2021 18.04.2023 / 10