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Madras High CourtWP/17233/2012disposed of

The Management, v. Thiru.A.Devarajan,

2021-12-09Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2021

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.17233 of 2012 The Management, Metropolitan Transport Corporation (Chennai) Ltd., Rep. By its Managing Director, Pallavan Salai, Chennai-600 002.

..Petitioner vs.

1.Thiru.A.Devarajan, 2.The Presiding Officer, III Additional Labour Court, City Civil Court Building, Chennai-600 104.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records pertaining to the award dated 31.01.2012 made in I.D.No.359 of 2009 on the file of the 2nd respondent herein and quash the same.

For Petitioner : Mr.M.Chidambaram For Respondents : Mr.S.T.Varadharajulu for R1

O R D E R

The petitioner, challenging the impugned award of the second respondent / Labour Court dated 31.01.2012 made in I.D.No.359 of 2009, has filed the present writ petition.

2. When the matter was listed on 07.12.2021, both the parties consented to file appropriate affidavit of settlement entered into between the parties before this Court. Accordingly, the first respondent/employee has filed an affidavit dated 08.12.2021 and the relevant portion is extracted hereunder:

"2.. I submit that I was appointed as Conductor on 08.02.1984 in the petitioner Management.

I have entered nearly 23 years of service. I was dismissed from service on 08.06.2008 and I raised an Industrial Dispute in I.D.No.359 of 2009 against my non-employment before the 2nd respondent. The 2nd respondent has passed award after full trial and directed the petitioner to reinstate me with continuity of service with 50% backwages and other allowances on 31.01.2012. I submit that against the award passed by the 2nd respondent, the above Writ Petition was filed by the petitioner.

3. I submit that the above writ petition was listed for hearing on 07.12.2021. Both the parties willing to settle the matter with certain terms and conditions. I attained superannuation on 30.06.2012. I am willing to forego backwages from the date of dismissal to the date of retirement, if the petitioner agree for continuity of service with all other attendant benefits and to settle pension and other terminal benefits based on notional pay fixation. The employer contribution of P.F. amount should be paid for the non employment period by the petitioner corporation, as I agreed for foregoing backwages." 3.

The learned counsel appearing for the petitioner/Corporation agreed for the above settlement, subject to certain conditions, as mentioned below:

(i) If the first respondent/employee agreed to forego backwages from the date of dismissal to the date of retirement, the petitioner Corporation is agreeable to pay all attendant benefits by taking into consideration the services of the petitioner from the date of dismissal till the date of retirement as continuity of service and to settle the pension and other terminal benefits based on notional pay fixation; (ii) The petitioner / Corporation has agreed to pay the employer contribution of Provident Fund amount for the nonemployment period, on condition that the first respondent shall pay his contribution to Provident Fund in respect of the nonemployment period; (iii) The petitioner / Corporation has agreed to pay all the above mentioned benefits to the first respondent, without any interest.

4. Both the parties have agreed for the above said conditions.

5. In view of the above settlement entered into between the parties, this Court passes the following directions: (i) The petitioner Corporation is directed to pay all attendant benefits to the first respondent/employee by taking into consideration the services of the petitioner from the date of dismissal till the date of retirement as continuity of service and settle pension and other terminal benefits, based on notional pay fixation, without any interest, within a period of four months from the date of receipt of a copy of this order; (ii) The petitioner / Corporation can deduct the amount towards the contribution of Provident Fund and pay the remaining Provident Fund amount to the first respondent/employee ; and (iii) The petitioner / Corporation is at liberty to file appropriate application before the Labour Court to withdraw the amount deposited by them towards backwages, as per the interim order of this Court.

6. The writ petition stands disposed of with the above directions. No costs. Interim orders already granted shall stand vacated. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Jvm To The Presiding Officer, III Additional Labour Court, City Civil Court Building, Chennai-600 104.

+1 CC to Mr.S.T.Varadharajulu, Advocate sr 65531 +1 CC to Mr.M.Chidambaram, Advocate sr 65606 W.P.No.17233 of 2012 BS(CO) SP(27/12/2021)