Madras High CourtWP/18376/2013dismissed as settled out of court

Shasun Chemicals And Drugs v. S.Murugan,

2023-06-20Honourable Mr Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20..06..2023 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Writ Petition No.18376 of 2013 Shasun Chemicals & Drugs Limited, Periyakalapet, Puducherry.

..... Petitioner -Versus1. S.Murugan

2. Venkatesan, Labour Contractor, Shasun Chemicals & Drugs Limited, Periyakalapet, Puducherry.

3.The Presiding Officer, Labour Court, Puducherry.

..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorari calling for the records of the 3rd respondent - Labour Court, Puducherry, in I.D.No.24 of 2006 and to quash the award dated 29.07.2011 made in I.D.No.24 of 2006 as illegal and non-est in the eys of law with cost.

For Petitioner : Mr.L.Swaminathan For Respondents : Mr.A.Muthukumar for R1 No Appearance for R2 R3 - Labour Court

ORDER

This writ petition challenges the Award dated 29.07.2011 passed by the 3rd respondent allowing I.D.No.24 of 2006 and directing the petitioner company to reinstate the 1st respondent workman in service with full back wages and other benefits.

2. The learned counsel for the respective parties are present.

3. Mr.N.Selvakumar, Deputy General Manager (HR) of the petitioner company and 1st respondent - S.Murugan (Workman) are also present in court.

4. Mr.N.Sevakumar, Deputy General Manager (HR) as well as 1st respondent - Mr.S.Murugan (workman) would submit before this court that they had settled the dispute amicably between themselves of their own and freewill without any force and pressure from any quarter and reduced the same into writing. As per the compromise reached between themselves, a cheque bearing No.045025 dated 19.06.2023 drawn on ICICI Bank, Puducherry Branch, Mission Street, Puducherry, in favour of the 1st respondent - S.Murugan (workman) for a sum of Rs.7,74,000/- (Rupees Seven Lakhs and Seventy Four Thousand only). Further, as per the compromise, the petitioner company have had no objection for the 1st respondent workman to withdraw the amount of Rs.4,26,000/- which has been deposited to the credit of

I.D.No.24 of 2006 on the file of the Labour Court, Puducherry, together with accrued interest directly and the 1st respondent workman has agreed to receive the same as lump sum payment towards full and final settlement of all the dues.

5. I have gone through the terms of compromise. I have verified with the parties. They affirmed the compromise. I do not find any illegality or arbitrariness to doubt the compromise and the compromise reached between them is recorded. The terms of compromise read as follows:-

6. In the light of the above, the writ petition stands disposed of in terms of the memo of compromise. The 1st respondent-workman is permitted to approach the 3rd respondent for appropriate orders on withdrawal of the amount. The memo of compromise entered into between the petitioner company and the 1st respondent-workman shall form part and parcel of this order. No costs.

20..06..2023 Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Presiding Officer, Labour Court, Puducherry.

V.LAKSHMINARAYANAN, J.

kmk 20..06..2023