Sodex v. The Deputy Commissioner Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2021 :CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.20846 of 2005 and W.VM.P.No.22 of 2006 and W.P.M.P.No.22778 of 2005 M/s.Sodex Technical Services India Private Limited, Centennial Square, 6A, 5th Floor, Murugesan Street, Dr.Ambedkar Road, Kodambakkam, Chennai- 600 024. Rep. by its Senior Manager-HR (Cause Title amended Vide order dated 13/07/2021 made in WMP.No.29963/2019 in W.P.No.20846 of 2005) ... Petitioner -vs1. The Deputy Commissioner of Labour -II, (Authority under the Minimum Wages Act, 1948) D.M.S. Compound, Teynampet, Chennai 600006.
2. A.Natarajan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records and to quash the order dated 04/10/2004 in M.W.77 of 2004 passed by the first respondent, Deputy Commissioner of Labour-II, (Authority under the Minimum Wages Act, 1948), D.M.S. Compound, Teynampet, Chennai 600006.
For Petitioner : M/s.Gupta and Ravi For Respondents : No appearance (R1) P.Soloman (R2)
O R D E R
Today, when this Writ Petition is taken up for hearing, the learned counsel appearing on either side submitted that the matter has been settled between the parties by way of entering into a Memo of Compromise dated 08.07.2021, the terms of which are extracted hereunder:
" TERMS OF THE SETTLEMENT
(1) The employee A.Natarajan hereby accepts the expiry of contract of employment dated 21/05/03 issued by the employer as final, binding and irrevocable.
(2) The Management agrees to pay the employee A.Natarajan a lump sum payment of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) as ex-gratia in full and final settlement of all his claims, monetary or otherwise, including terminal benefits.
(3) The employee A.Natarajan agrees to receive the aforesaid payment of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) paid by the Management in full and final settlement of all his claims monetary or otherwise including terminal benefits.
(4) The employee A.Natarajan hereby acknowledges receipt of the entire amount of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) due and payable to him by Cheque No.212293 dated 06/07/2021 drawn on Citi Bank, Chennai.
The employee A.Natarajan shall issue a stamped receipt acknowledging receipt of the said payment.
(5) The employee A.Natarajan hereby agrees that this Settlement is in full and final settlement of all his claims against the management, monetary or otherwise including terminal benefits, and that he will not raise any dispute claiming reinstatement/re-employment.
(6) The employee A.Natarajan hereby agrees that he has no further claims, monetary or otherwise, against the management including any claim for reinstatement/re-employment and terminal benefits.
(7) Both parties agreed to file a copy of this Settlement before the Hon'ble I
Additional Labour Court and request the Hon'ble Court to pass an award in I.D.No.96 of 2004 in terms of settlement."
3. Recording the above settlement entered into between the parties under Section 18(1) of Industrial Disputes Act, 1947, the writ petition is disposed of and the said Memo dated 08.07.2021 shall form part of this order. No costs. Consequently connected miscellaneous petitions are also closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar arr To
1. The Deputy Commissioner of Labour -II, (Authority under the Minimum Wages Act, 1948) D.M.S. Compound, Teynampet, Chennai 600006.
2. The I Additional Labour Court Chennai.
+1cc to Mr.M/s.Gupta and Ravi, Advocate, S.R.No.34580 W.P.No.20846 of 2005 Enclosed : Memorandum of settlement dated 15/07/21. SS(CO) CT(10/08/2021)