The Management Of E.I.D.Parry v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and M.P.No.1 of 2008 The Management of E.I.D. Party (India) Ltd.

(formerly known as Parry & Company Limited Dare House, Chennai - 600 001 rep. by its Vice President (HR)) .. Petitioner

Versus

1. The Presiding Officer, II Additional Labour Court, Chennai.

2. P.A.Andiappan .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari calling for the records of the 1st respondent in C.P.No.461 of 1994 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 1/5

ORDER

This Writ Petition is filed challening the order passed by the first respondent Labour Court in C.P.No.461 of 1994, 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 respondent workman is willing to accept the sum of R.1,29,529/- 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.1,29,529/- in order to buy peace.

3. When the matter came up for hearing today the learned counsel appearing on behalf of the respondent workman would submit that as far as the workman involved in the present case is concerned, he is agreeable for such a course to accept the sum of Rs.1,29,529/- and undertake not to make 2/5

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.1,29,529/- within a period of two weeks from the date of receipt of the copy of the order.

2) the workman/the second respondent herein shall accept the same and will not be entitled to make any further claim in respect of any other period and he will not be entitled to file any further computation petition in this regard.

5. With the above terms, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

04.12.2024 : no grs To 3/5

The Presiding Officer, II Additional Labour Court, Chennai.

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D.BHARATHA CHAKRAVARTHY, J.

grs and M.P.No.1 of 2008 04.12.2024 5/5