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Madras High CourtWP/19638/2004closed

M/S.Essorpe Mills Ltd., Rep.By v. The Presiding Officer

2022-06-08Honourable Mr Justice J.Sathya Narayana Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.19638 of 2004 and W.P.M.P.No.23599 of 2004 M/s.Essorpe Mills Ltd., Rep. by Managing Director, Sivanandapuram, Saravanampatti Post, Coimbatore - 641 035.

... Petitioner Vs.

1.The Presiding Officer, Labour Court, Coimbatore.

2.P.Vivekanandan ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the entire records culminating in the passing of the impugned award dated 19.03.2004, on the file of the first respondent herein, made in I.D.No.208/2000, in so far as it relates to the payment of backwages and other benefits to the second respondent and quash the same.

For Petitioner :

Mr.C.Manohar Gupta For Respondent 2 :

Mr.A.Sivaji

O R D E R

Today, when the matter was taken up for hearing, learned counsel for the petitioner has filed a Memo dated 14.10.2010 before this Court, wherein, it is stated that the second respondent has received a sum of Rs.1,14,744/- in full and final settlement of his gratuity, arrears, leave with wages, bonus and LTA and also, an exgratia payment of Rs.1,35,000/- from the petitioner company. The said Memo reads as follows: "The above writ petition has been filed by

the petitioner challenging the award dated 19.03.2004 made in I.D.No.208 of 2000 by the Presiding Officer, Labour Court, Coimbatore.

The Dispute was raised by the employee B.Vivekanandan alleging that the management orally terminated his services on 27.02.2000. The Management took a stand that they have not terminated the services of the employee at any point of time much less on 27.02.2000 and that the employee on his own stopped reporting for duty.

Since it was the clear and consistent stand of the management that they had not terminated the services of the employee at any point of time, the management took a categorical plea in the pleadings before the labour court that they are ready and willing to provide work to the employee.

Not withstanding the stand of the management that they have not terminated the services of the employee on 27.02.2000 and that the management is ready and willing to provide work to the employee, the labour court passed an award on 19.03.2004 in I.D.No.208 of 2000 directing the management to reinstate the employee in service with back wages, immediately after passing of the award in I.D.No.208 of 2000, the management wrote a letter to the employee calling upon him to report for duty without prejudice to the rights of the management to challenge the award passed in I.D.No.208 of 2000 in so far as it relates to the payment of back wages and other benefits.

Pursuant to the receipt of the letter sent by the management calling upon the employee to join duty, the employee joined duty in July 2004. Thereafter, the workmen struck work on 28.02.2007. In view of the prolonged strike, the workmen started receiving their final settlements.

On 06.10.2008 the employee came to the mills and received a sum of RS.1,14,744/- in full and final settlement of his gratuity, arrears, leave with wages, bonus and LTA. The photo copy of the three page settlement document is enclosed here with.

In addition to the above the petitioner made an exgratia payment of Rs.1,35,000/- to the employee vide Lakshmi Vilas Bank, Cheque

NO.059905 dated 15.10.2008 drawn in favouring employee B.Vivekanandan and the same was received by him in person at the mill from the Factory Manager in full and final settlement of all his claims and dues.

The said Cheque was debited in the company's account with Lakshmi Vilas Bank, Ganapathy on 17.10.2008 as evidenced in the Photo Copy enclosed."

2. The learned counsel appearing for the second respondent has conceded that all the above benefits have been settled to the second respondent.

3. Recording the aforesaid Memo dated 14.10.2010 filed by the petitioner's counsel, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar vm To:

The Presiding Officer, Labour Court, Coimbatore.

+1cc to M/s.Gupta & Ravi, Advocate, S.R.No.32883 +1cc to Mr.A.Sivaji, Advocate, S.R.No.33676 W.P.No.19638 of 2004 and W.P.M.P.No.23599 of 2004 KK(CO) SB(20/06/2022)