The Management Of E.I.D.Parry v. The Presiding Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and M.P.No.1 of 2008 The Management of E.I.D.Parry (India) Ltd., (formerly known as Parry & Company Limited Dare House Chennai 600 001 rep.by its Vice President (HR) ... Petitioner Vs.
1.The Presiding Officer II Additional Labour Court Chennai.
2.Shanbagavalli 3.L.Ravindranath 4.L.Natarajan 5.Subashini 6.L.Dayanandan 7.L.Sivakumar 8.Thangamani
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the first respondent in C.P.No.2714 of 1992 and quash its order dated 09.02.2007. For Petitioner : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co For Respondents : Mr.R.N.Amarnath for R2 R1-Labour Court
ORDER
This Writ Petition is filed challening the order passed by the first respondent Labour Court in C.P No.2714 of 1992 dated 09.02.2007.
2. When the matter came up for hearing, Mr.Anand Gopalan, the learned counsel appearing on behalf of the petitioner Management would submit that it is the case of the petitioner management that whatever has been computed does not flow from any pre-existing right or an award and as such, the amount ought not to have been computed at all by the Labour Court. But, however, if the respondents Workmen is willing to accept the sum of 2/5
R.67,910/- which is computed in the matter without making any further claim for any subsequent period or any other claim as against the Management, the management without prejudice to its rights and contention is willing to pay the said sum of Rs.67,910/- in order to buy peace.
3. When the matter came up for hearing today the learned counsel appearing on behalf of the respondents Workmen would submit that as far as the Workmen involved in the present case are concerned they are agreeable for such a course to accept the sum of Rs.67,910/- and undertake not to make any claim for further period merely because the amount is paid in the instant case.
4. In view of the consent of both sides, the Writ Petition is disposed of on the following terms:
1) the petitioner management is directed to pay a sum of Rs.67,910/- within a period of two weeks from the date of receipt of the copy of the order. 3/5
2) the legal heirs of the Workmen the respondents herein shall accept the same and will not be entitled to make any further claim in respect of any other period and they will not be entitled to file any further computation petition in this regard.
5. With the above terms, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 19.11.2024 dna To The Presiding Officer II Additional Labour Court Chennai.
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D.BHARATHA CHAKRAVARTHY, J.
dna and M.P.No.1 of 2008 19.11.2024 5/5