M/S. Soundararaja Mills Ltd v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K. SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.No.1587 of 2014 and M.P.No.1 of 2014 M/s.Soundararaja Mills Limited rep. By its Technical Director Nedungadu, Karaikal Pondicherry State.

.... Appellant -vs1. The Presiding Officer, Labour Court, Karaikal.

2. P.Murugaiyan .... Respondents PRAYER:

Writ Appeal filed under Clause 15 of Letters Patent against the order passed in W.P No.6949 of 2008 dated 16.09.2014 praying for issuance of Writ of Certiorari to call for the records relating to award of the First respondent in ID.No.2 of 2000 dated 30.03.2007 gazetted on 30.10.2007 and quash the same. For Appellant :

Mr.R.Parthiban For Respondents :

Mr.Balan Haridas - R2

J U D G M E N T

[Judgment of the Court was delivered by K.K.SASIDHARAN,J.] The Management is on appeal against the order directing reinstatement of the second respondent workman.

2. During the course of hearing of the Writ Appeal, when a suggestion was mooted for settlement, Mr.R.Parthiban, learned counsel appearing for the appellant would submit that the appellant mill is in a bad financial condition and the same has been closed.

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3. Mr.Balan Haridas, learned counsel appearing for the second respondent workman would submit that the second respondent would be satisfied if the Management pays lumpsum compensation in view of the benefits that had been awarded to him by the labour Court, which has been confirmed by the learned single Judge in the Writ Petition.

4. After some deliberations, both counsel agree that the second respondent workman would be paid a sum of Rs.2,50,000/- in full quit of all his claims excluding gratuity. It is also stated that a sum of Rs.3,55,000/- is lying in deposit to the credit of I.D.No.2 of 2000 on the file of Labour Court, Karaikal.

5. In view of the settlement reached between the parties, the workman, namely the second respondent, is entitled to withdraw a sum of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) from and out of the monies lying in deposit to the credit of I.D.No.2 of 2000 on the file of the Labour Court, Karaikal and the balance amount will be paid over to the Management. It is also stated that a sum of Rs.1,48,830/- payable towards gratuity has already been withdrawn by the workman from and out of the amount deposited by the Management. It is made clear that the sum of Rs.2,50,000/- will be in addition to the amount already withdrawn.

6. The intra Court appeal is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar sl To

1. The Presiding Officer, Labour Court, Karaikal.

+1cc to Mr.R.Parthiban, Advocate, S.R.No.47833 +1cc to Mr.Balan Haridas, Advocate, S.R.No.48346 W.A.No.1587 of 2014 and M.P.No.1 of 2014 CS/24/07/18 https://hcservices.ecourts.gov.in/hcservices/