Management v. Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:

CORAM:

THE HONOURABLE MR.JUSTICE R.KALAIMATHI WP.No.1571 of 2005 Management, Coimbatore District Consumers Cooperative Wholesale Stores Limited, R.S.Puram Coimbatore 641002 Petitioner Vs

1. The Presiding Officer, Labour Court, Coimbatore

2. Michalsamy

3. C.Saraswathi

4. V.Krishnaveni

5. S.Indrani

6. M.Nalini

7. C.Mani

8. V.Rajendran

9. B.Manohari 10.S.Sushila 11.K.Subramanian 12.R.Jothi 13.B.Muthusamy 14.V.Dhanam 15.A.Sarojini 16.r.Dhusyendramani 17.r.Dhanalakshmi 18.S.Shanmugam 19.N.Vijaya 20.M.Kamalammal 21.R.Appukuttam 22.S.Santhamani 23.N.Saradhamani 24.B.Vijayakumar 25.Ramasubramani 26.A.Subramani 27.D.Mangathal 1/4

28.V.Saminathan 29.A.Balsamy 30.M.Shanmugavadivel 31.M.Umadevi 32.S.Santhmani 33.A.Karuppathal 34.K.Vijayakumar 35.V.Baby 36.G.Sakunthala 37.B.Rajeswari 38.P.V.Samburnam 39.K.Marimuthu 40.A.Dhandapani 41.A.Pappathi (All represented by D.Michelsamy) Respondents Prayer:- This Writ Petition has been filed, under Article 226 of the Constitution of India, for issuance of Writ of Certiorari to call for the records of the 1st Respondent, relating to the award dated 25.05.2004 in CP.Nos.1150 to 1189 of 2002 and to quash the same.

For Petitioner :

Mr.A.Deivasigamani For Respondents :

Mr.V.Govardhanan-RR2 to 4

ORDER

1. This Writ Petition has been filed for issuance of Writ of Certiorari to call for the records of the 1st Respondent, relating to the award dated 25.05.2004 in CP.Nos.1150 to 1189 of 2002 and to quash the same.

2. This Court heard Mr.A.Deivasigamani, the learned counsel for the Petitioner and Mr.V.Govardhanan, the learned counsel for the Respondents 2 to 41.

3. Pursuant to the direction of this Court, the matter was referred to the District Mediation Center, Coimbatore. Out of 41 Workmen, 36 Workmen participated in the mediation process. In the mediation, a settlement was arrived at under Section 18(1) of the Industrial Dispute Act, 1947. In respect 2/4

of each Workman, separate settlement was executed and entered into between the Petitioner Management and each of the Respondents/36 Workmen. In accordance with the settlement arrived at, amounts were paid to all the Workmen.

4. It appears that Michalsamy (2nd Respondent), V.Dhanam (14th Respondent), R.Appukuttam (21st Respondent) and B.Vijayakumar (24th Respondent) are no more and no settlement was arrived at with the legal representatives of the said deceased Respondents.

5. Based on the aforesaid observations, this Writ Petition is disposed of in terms of the settlements arrived at in respect of 36 Workmen. Insofar as the deceased Respondents 2, 14, 21 and 24 are concerned, this Writ Petition is dismissed, as abated. Copies of the settlements arrived at in respect of each of 36 Workmen shall form part of the order. No costs. Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm To The Presiding Officer, Labour Court, Coimbatore 3/4

R.KALAIMATHI, J.

Srcm WP.No.1571 of 2005 4/4