K.Hariharan v. The Management Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Hariharan ... Petitioner Vs.

1. The Management of M/s.Arcot Textile Mills Pvt. Ltd., Ulagankatham Village, Kallakurichi - 606 202.

2. The Presiding Officer, Labour Court, Cuddalore.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the award dated 04.06.2008 made in I.D.No.51 of 2004 on the file of the Labour Court, Cuddalore and to direct the respondent Management to reinstate the petitioner with continuity of service and all other attendant benefits etc., For Petitioner :

Ms.G.Vaishali for Mr.T.Fenn Walter Associates For Respondents :

Mr.T.Saikrishnan for R1 R2 - Labour Court

O R D E R

This Writ Petition has been filed by the petitioner challenging the award dated 04.06.2008 passed in I.D.No.51 of 2004 by the second respondent and for a consequential direction to the first respondent Management to reinstate the petitioner in service with continuity of service and all other attendant benefits etc.

2. The case of the petitioner is that while the petitioner was working in the first respondent Management, he was issued with a charge sheet for the alleged offence of unauthorized absence and finally he was terminated from service on 20.06.2001, against which, the petitioner raised I.D.No.51 of 2004 before the Labour Court, Cuddalore and it was dismissed. Challenging the same, this Writ Petition has been filed.

3. When the matter is taken up for hearing today, learned counsel appearing for the petitioner/employee submitted that during the pendency of

this writ petition, the matter was amicably settled between the parties and the petitioner agreed to receive a sum of Rs.50,000/- as compensation as offered by the first respondent Management.

4. The learned counsel appearing for the first respondent Management, on instructions, submits that the first respondent is ready to pay a sum of Rs.50,000/- as compensation.

5. In view of the submission made by the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Management, this Court issues the following directions :- the first respondent-Management is directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only), as compensation, in full quit, in favour of the petitioner/workman, within a period of four (4) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is allowed and the impugned award dated 04.06.2008 passed in I.D.No.51 of 2004 by the Labour Court, Cuddalore, is set aside. No costs. 04.02.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To

1. The Management of M/s.Arcot Textile Mills Pvt. Ltd., Ulagankatham Village, Kallakurichi - 606 202.

2. The Presiding Officer, Labour Court, Cuddalore.

M.DHANDAPANI,J.

ssb 04.02.2025