The General Manager, v. The Special Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date: 30.07.2019

CORAM

THE HON'BLE MR.JUSTICE V.PARTHIBAN Writ Petition No.4482 of 2019 and W.M.P.No.5063 of 2019 The General Manager, State Express Transport Corporation, (Tamil Nadu) Ltd., Pallavan Salai, Chennai - 600 002.

...Petitioner

Vs.

1.The Special Joint Commissioner of Labour, Teynampet, Chennai.

2.M.Rajeshkumar

...Respondents

Writ Petition filed under Article 226 of Constitution of India, for issuance of writ of certiorari calling for the records in order dated 13.03.2018 in Approval Petition No.267/2014 on the file of the Special Joint Commissioner of Labour, Teynampet, Chennai.

For Petitioner : Mr.R.P.Prathap Singh For Respondents : Mr.J.Pothiraj, Special Government Pleader

ORDER

When the matter is taken up for hearing today, the learned counsel appearing for the petitioner Corporation would submit that the petitioner Corporation and the second respondent workman have entered into a compromise, as per which, the petitioner Corporation is willing to reinstate the second respondent in service and the second respondent had agreed to give up his claim for entire backwages from the date of dismissal i.e., 16.10.2014 till April 2019.

2.A Joint Memo of Compromise, dated 21.06.2019, has been filed by the petitioner Management and the same is taken on file by this Court. The joint memo of compromise is extracted hereunder;

"1)It is agreed between the petitioner and 2nd respondent to compromise the issue on the terms hereunder:

https://hcservices.ecourts.gov.in/hcservices/

"a)The petitioner states that they are willing to reinstate the petitioner and the second respondent has agreed to forgo the entire backwages from date of dismissal 16.10.2014 till April, 2019.

b)The petitioner and the second respondent agrees that the Approval Petition is hereby compromised and second respondent and second respondent will not ask for backwages and any other attendant benefits and agrees to be reinstated as Daily Paid Driver cum Conductor as fresh entrant.

It is therefore prayed that this Hon'ble Court may be pleased to record this Joint Compromise Memo and pass such further order as deemed fit and proper in this circumstances and thus render justice.

Dated at Chennai this the 2st day of June 2019."

3.In view of the above terms of compromise arrived at between the petitioner Corporation and the second respondent workman, no further orders need be passed in the writ petition. The writ petition stands disposed of in terms of the joint memo of compromise. The joint memo of compromise shall form part of the order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Special Joint Commissioner of Labour, Teynampet, Chennai.

+1 cc to M/s.R.P.Prathab Singh,Advocate Sr.No. 64911 AKM/13.09.19/2P-3C / W.P.No.4482 of 2019 and W.M.P.No.5063 of 2019 https://hcservices.ecourts.gov.in/hcservices/