The Management v. R.Jegan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.2961 of 2021 The Management, Guindy Machine Tools Ltd., No.214, Velachery Tambaram Main Road, Pallikaranai, Chennai - 600 100, Rep. by its Personnel Manager ... Petitioner Vs.
R.Jegan ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records and quash the award dated 17.12.2020 passed in I.D.No.120/2019 by the Presiding Officer, Labour Court, Kanchipuram. For Petitioner : Mr.S.Sankar for M/s.Gupta and Ravi For Respondent : Mr.T.N.Sugesh ***** Page No.1 of 7
ORDER
This Writ Petition has been filed by the petitioner seeking for issuance of a Writ of Certiorari, to call for the records and quash the award dated 17.12.2020 passed in I.D.No.120 of 2019 by the Presiding Officer, Labour Court, Kanchipuram.
2. The case of the petitioner is that, it is a company engaged in the manufacture of machine tools and in line with the system followed in the factory, the respondent was appointed as a Apprenticeship Trainee vide order dated 09.05.2011, for a period of two years. During the period of training, the candidate was imparted training about the activities of the company in general and the company prepared the apprenticeship trainee for being taken on probation. Similar arrangement was made in the case of respondent also. It is to be streessed that based on satisfactory completion of probationary period, decision is taken either to edtend the probation and in the event of unsuccessful completion of probation during the extended period of probation, the services of the probationer are terminated. The respondent was engaged as a probationer vide order dated 09.05.2013. Since the respondent's performance during the period of probation was not found to be satisfactory, his probationary period Page No.2 of 7
was extended by six months vide order dated 07.05.2014. Later, on finding that his performance during the extended period was still not found to be satisfactory, by virtue of the terms of the appointment order the respondent was terminated from services vide order dated 07.11.2014. Thereafter, the respondent raised an Industrial Dispute in I.D.No.120 of 2019 before the learned Labour Court, Kanchipuram and the Labour Court passed an award dated 17.12.2020 allowing the I.D. and directed the petitioner management to reinstate with 100% backwages, continuity of service and all other benefits. Challenging the same, the present writ petition is filed.
3. During the pendency of this writ petition, upon considering the fact that there are chances of settlement in this mater, this Court referred the matter to Tamil Nadu Mediation and Conciliation Centre attached to this Court vide order dated 05.11.2024.
4. When the matter is taken up for hearing today, learned counsel appearing for the parties submitted that, pursuant to order passed by this Court, the parties have arrived at settlement and to that effect, mediation report along with settlement agreement dated 13.02.2025 has been filed Page No.3 of 7
before this Court, which has been signed by the petitioner and the respondent and also by the learned counsel for the parties.
5. The settlement agreement entered between the parties dated 13.02.2025 is extracted herein:
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6. Accordingly, this Writ Petition is disposed of in terms of the settlement agreement dated 13.02.2025 and the same shall form part and parcel of the records. No Costs. Consequently, the connected writ miscellaneous petition is closed.
21.02.2025 Index : Yes / No Speaking order / Non-speaking order sp To The Presiding Officer, Labour Court, Kanchipuram. Page No.6 of 7
M.DHANDAPANI, J.
sp 21.02.2025 Page No.7 of 7