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Madras High CourtWP/16382/2012disposed of with direction

K.S.Annammal v. The Presiding Officer

2025-02-19Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI K.S.Annammal ... Petitioner Vs.

1.The Presiding Officer, The 3rd Addl. Labour Court, High Court Buildings, Chennai - 600 104.

2.The Management of Ambattur Clothing Ltd., No.P-10, Ambattur Clothing Company, 86, E/2, Ambattur Industrial Estate, Chennai - 600 058.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for records relating to the award of the 1st respondent passed in I.D. No.89 of 2006 dated 06.10.2010, quash the same and direct the 2nd respondent to reinstate the petitioner in service with back wages and all other benefits. For Petitioner : Ms.Rc.Sharmitha For Respondents : Labour Court [R1] Mr.Sai Raaj for M/s.Sai Raaj Associates [R2] ***** Page No.1 of 4

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Certiorarified Mandamus, to call for the records relating to the award of the 1st respondent passed in I.D. No.89 of 2006 dated 06.10.2010, quash the same and direct the 2nd respondent to reinstate the petitioner in service with back wages and all other benefits.

2. The case of the petitioner/workman is that, she joined duty in the 2nd respondent company as tailor on 31.08.1981 and was promoted as supervisor. Whileso, disciplinary proceeding was initiated against her and the same ended in dismissal, against which, she raised an industrial dispute in I.D.No.89 of 2006 before the 1st respondent and the same was dismissed by the 1st respondent vide award dated 06.10.2010. Challenging the same, the present writ petition has been filed.

3. When the matter is taken up for hearing today, learned counsel appearing for the petitioner/workman as well as the 2nd respondent/ management submitted that, during the pendency of this writ petition, there is an amicable settlement between the parties and the 2nd respondent/management has agreed to pay a sum of Rs.5,00,000/- as Page No.2 of 4

compensation, which includes Gratuity, in full quit to the petitioner, within a reasonable time that may be fixed by this Court.

4. In view of the above settlement arrived between the parties, this Court modifies the impugned award passed by the 1st respondent/Labour Court as follows :- (i) the 2nd respondent/management is directed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only), which includes gratuity, as compensation, in full quit, to the petitioner/workman, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above modification, this Writ Petition is disposed of. No costs.

19.02.2025 Index : Yes / No Speaking order / Non-speaking order sp Note to office: Issue order copy on 24.02.2025. To The Presiding Officer, The 3rd Addl. Labour Court, High Court Buildings, Chennai - 600 104.

Page No.3 of 4

M.DHANDAPANI, J.

sp 19.02.2025 Page No.4 of 4