The Management, Tamil Nadu v. Shanmugam, S/O.Parasuraman

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 12.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH WP.No. 8202 of 2004 and WP.MP.No.9658 of 2004 The Management, Tamil Nadu Water Supply and Drainage Board, Cuddalore-1.

...Petitioner

Vs 1.Shanmugam 2.The Presiding Officer, Labour Court, Cuddalore.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari or any other appropriate writ, order or direction in the nature of a writ, calling for the records made in the impugned Award I.D.No.4/98 dated 28.05.2003 on the file of 2nd respondent and quash the same.

For Petitioner : Mr.M.Arokiyaraj For Respondents: Mr.C.Gouthamaraj for R1 R2 - Court

O R D E R

The award under challenge in the present writ petition is for reinstatement of the 1st respondent herein together with 50% of back wages. Pending the writ petition, the petitioner and the 1st respondent herein had amicably settled the dispute among themselves, whereby, the 1st respondent had accepted to receive a sum of Rs.1,25,051/- along with a sum of Rs.66,282/- together with interest, which is lying in the credit of I.D.No.4 of 1998 on the file of the Labour Court, Cuddalore, towards his full and final settlement.

https://hcservices.ecourts.gov.in/hcservices/

2.It is submitted by the learned counsel for the petitioner and the 1st respondent that today, the 1st respondent had received a cheque for a sum of Rs.1,25,051/-. The learned counsel for the petitioner also submitted that the 1st respondent has reached the age of superannuation and therefore, the question of reinstatement does not arise. As such, the 1st respondent is granted liberty to make out an appropriate application before the Labour Court, Cuddalore to withdraw the sum of Rs.66,282/- along with the accrued interest and on receipt of such an application, the Labour Court, Cuddalore shall pass favourable orders permitting the petitioner to withdraw the entire sum. 3.Recording the statements made by both the counsels, the Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petition is closed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar jrs/hvk To 1.The Presiding Officer, Labour Court, Cuddalore.

+1 CC to Mr.M.Arokiyaraj, Advocate sr 23571 WP.No. 8202 of 2004 and WP.MP.Nos.20988 & 9658 of 2004 SSD(CO) SP(10/04/2019) https://hcservices.ecourts.gov.in/hcservices/