M. Ravindran v. The Regional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2021

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH W.P.No.37694 of 2004 M.Ravindran

...Petitioner

-Vs1.The Regional Manager, The Professional Couriers, No.33.Whites Road, Chennai - 14.

2.The Managing Director, The Green Lines Couriers (P) Ltd., No.23, 1st Floor, Beerkaran 2nd Street, Chennai - 26.

3.The Presiding Officer, Principal Labour Court, Chennai.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records connected with I.D.No.33 of 95 on the file of the Principal Labour Court, Chennai, quash the award dated 12.01.2004 passed thereon and direct the 1st Respondent to reinstate the petitioner into the services with back wages and continuity of service with all attendant benefits. For Petitioner : Ms.S.Girija For R1 : Mr.R.S.Varadharajan for M/s.Ram & Rajan Asso.

For R2 : Disd. vide Court order dated 30.9.11 For R3 : Court

ORDER

The petitioner herein is aggrieved against the award of the Labour Court passed in I.D.No.33 of 1995 dated 12.01.2004, whereby his request for reinstatement and other benefits was rejected.

2. Pending the writ petition, this Court had suggested both the parties to explore the possibility of resolving the dispute amicably among them, pursuant to which, the Management had offered to pay a sum of Rs.50,000/- as a full and final settlement to the claim made by the petitioner before the Labour Court as well as this Court.

3. The learned counsel for the petitioner had taken earnest efforts on various occasions to contact the petitioner herein, which was futile. It is in this background, the matter has been listed today.

4. On a perusal of the claim petition made as well as the award passed by the Labour Court, this court is of the view that there may not be much of legal grounds to reverse the findings of the Labour Court. However, since the matter was not argued fully on merits by the counsels, I am of the view that the sum of Rs.50,000/-, offered by the management as a full and final settlement to the claim made by the petitioner, is reasonable.

5. Since the learned counsel for the petitioner has failed to reach her client, inspite of her earnest efforts to contact him, the Management is called upon to take steps and issue a notice to the petitioner informing him about their offer and calling upon him to collect the sum of Rs.50,000/- towards his full and final settlement. Such a letter shall be despatched atleast within a period of two weeks from the date of receipt of a copy of this order. Thereon, the petitioner herein would be at liberty to approach the Management and collect the aforesaid sum of Rs.50,000/-, within a period of six months from the date on which he receives the receipt of the information sent to him by the Management as detailed above.

6. With the above observations, the Writ petition stands closed. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar hvk/ata To 1.The Regional Manager, The Professional Couriers, No.33.Whites Road, Chennai - 14.

2.The Managing Director, The Green Lines Couriers (P) Ltd., No.23, 1st Floor, Beerkaran 2nd Street, Chennai - 26.

3.The Presiding Officer, Principal Labour Court, Chennai.

+1cc to Mr.Ram Rajan Associates, Advocate, S.R.No.46261 +1cc to M/s.Girija, Advocate, S.R.No.46811 W.P.No.37694 of 2004 PCH(CO) CB(06/10/2021)