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Madras High CourtWP/6972/2009disposed of

Managment v. The Presiding Officer

2022-04-25Honourable Mr Justice Mohammed Shaffiq3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.6972 of 2009 Management Intech, No.74, Industrial Estate, Perungudi Chennai - 600 096.

...Petitioner

Vs.

1.The Presiding Officer, Second Additional Labour Court, Chennai - 600 104.

2.S.Loganathan 3.E.Jayabal 4.A.Robert Ranganathan

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari to call for the records pertaining to the impugned Common Award dated 14.08.2008 of the 1st respondent herein passed in I.Ds.Nos.67, 68 and 69 of 2002 and quash the said Common Award. For Petitioner :

Mr.A.R.Gokulnath For Respondents :

Mr.R.Jaikumar M/s.T.Fennwalter Associates for R2 to R4 R1 - Labour Court

O R D E R

This Writ Petition is filed to issue a Writ of Certiorari to call for the records pertaining to the impugned Common Award dated 14.08.2008 of the 1st respondent herein passed in I.Ds.Nos.67, 68 and 69 of 2002 and quash the said Common Award.

2. It is submitted by the learned counsel for both sides that the matter has been settled and a joint memo has been entered into between the parties to the said effect.

3. The Joint Memo has been filed wherein it is stated as follows:

"(1) The amount of Rs.57,375/- (Rupees Fifty Seven Thousand Three Hundred and Seventy Five only) (principal amount) lying in the deposit in credit of I.D.No.67 of 2002 (S.Loganathan)

(2) The amount of Rs.32,513/- (Rupees Thirty Two Thousand Five Hundred and Thirteen only) (Principal amount) in credit of I.D.No.68 of 2002 (E.Jayabal).

(3) The amount of Rs.43,031/- (Rupees Forty Three Thousand and Thirty One only) (principal amount) in credit of I.D.No.69 of 2002 (A.Robert Ranganathan).

Apart from the above another sum of Rs.1,87,650/- (Rupees One Lakh Eighty Seven Thousand Six Hundred and Fifty Only) lying in the common deposit in the credit of I.D.Nos.67, 68, 69 of 2002. In the common deposit amount out of Rs.1,87,650/- (Rupees One Lakh Eighty Seven Thousand Six Hundred and Fifty only), 43% is pertaining to the back wages of petitioner namely S.Loganathan (I.D.No.67 of 2002), 25% belongs to the petitioner namely E.Jayabal (I.D.No.68 of 2002) and 32% belongs to the petitioner namely A.Robert Ranganathan (I.D.No.69 of 2002) At this juncture, both the parties agreed to settle the issue amicably. As such the Management has agreed to pay the amount of Rs.50,000/- (Rupees Fifty Thousand only) to the petitioner namely S.Loganathan (I.D.No.67 of 2002) and Rs.2,00,000/- (Rupees Two Lakhs only) to the petitioner namely E.Jayabal (I.D.No.68 of 2002) and Rs.1,50,000/- (Rupees One Lakh Fifty thousand only) to the petitioner namely A.Robert Ranganathan (I.D.No.69 of 2002) towards full and final settlement apart from the Court deposited amount.

Further it was agreed upon to permit the workman to withdraw the deposit amount lying in the Labour Court deposited along with accrued interest in the respective I.D's and further 43% to the petitioner S.Loganathan (I.D.No.67 of 2002), 25% to the petitioner E.Jayabal (I.D.No.68 of 2002) and 32% to

interest in the amount lying in the common deposit in I.D.Nos.67,68, 69 of 2002.

In terms of the above, the Management issued the cheques (1) No.769145 drawn on Karnataka Bank Ltd., Cathedral Road Branch, Chennai dated 02.05.2022 amounting to Rs.50,000/- (Rupees Fifty Thousand only) in favour of S.Loganathan (I.D.No.67 of 2002), (2) No.769121 drawn on Karnataka Bank Ltd., Cathedral Road Branch, Chennai dated 02.05.2022 amounting to Rs.2,00,000/- in favour of E.Jayabal (I.D.No.68 of 2002) and (3) No.769122 drawn on Karnataka Bank Ltd., Cathedral Road Branch, Chennai dated 02.05.2022 amounting to Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) in favour of A.Robert Ranganathan (I.D.No.69 of 2002).

In view of the above terms of the settlement, the workman dues is fully settled and they are not having any claims from the Management. The amount received is towards full and final settlement."

4. Recording the abovesaid joint memo, this Writ Petition is disposed of and the same shall form part of the order. No costs.

Encl.: Xerox copy of Joint Memo Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar gv To The Presiding Officer, Second Additional Labour Court, Chennai - 600 104.

+1cc to Mr.A.R.Gokulnath, Advocate Sr.No.28063 +1cc to Mr.R.Jaikumar, Advocate Sr.No.28262 W.P.No.6972 of 2009 AK-II(CO) RVM(06/05/2022)