K.Ravindranath v. The Principal Labour Court

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th August 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE R.SAKTHIVEL and Members Mr.S.Baskaran (Retired District Judge) Mr.C.S.S.Pillai W.P.No.27896 of 2011 (Writ Petition filed challenging the common award made in I.D.Nos.47, 48, 49 and 50 of 2010, dated 03.08.2011 passed by the Principal Labour Court, Vellore District, Vellore)

1. K. Ravindranath Proprietor M/s.Nikitha Agro Chemical Indusries, C-43, Bay View Apartment, Kalakshethra Colony, Besant Nagar, Chennai 600 090.

2. Mrs.R. Mini Ravindranath, Proprietor, M/s.Nikitha Agro Chemical Indusries, C-43, Bay View Apartment, Kalakshethra Colony, Besant Nagar, Chennai 600 090.

3. The Management, M/s. Nikitha Agro Chemical Industries, No.49 & 81, SIDCO Industrial Estate, SIPCOT, Ranipet, Vellore District.

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Petitioners /versus/

1. The Principal Labour Court, Vellore District, Vellore.

2. P. Ramamoorthy

3. S. Prakash

4. Nithyaanantham

5. V.S.Durai

6. R. Sathyanarayana ..

Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present.

Mr.S. Gopinath, learned standing counsel for petitioners and the respondents 2 to 5/party-in-person are present. The identities of petitioners and respondents 2 to 5 parties have been verified. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The petitioners herein are the responents in I.D.Nos. 47, 48, 49 and 50 of 2010 respectively before the Principal Labour Court, Vellore District. The respondents 2 to 5 herein have filed the above I.D.Nos.47, 48, 49 and 50 of 2010 respectively before the Principal Labour Court, Vellore District, Vellore seeking a direction to reinstate them in service with continuity of service, back wages and all other attendant benefits. The Princial Labour Court, Vellore District, vide its common award dated 3.08.2011, partly allowed the petitions, directing the respondents 2, 3 and 4 herein to reinstate in service with continuity of service and all other attenant benefits with 50% of back wages and as against 4th respondent viz., V.S. Durai, the petition is dismissed. The operative portion of the said award read as follows; "In the result, these petitions are allowed partly, the 1 to 3rd respondents are directed to reinstate them in service with continuity of

service, and all other attendant benefits. However the petitioners are entitled tog et 50% of back wages only. The petition against R4 is dismissed. No costs."

2. Feeling aggrieved with the common award, the Management has preferred this W.P.No.27896 of 2011.

3. Today, when the matter is taken up before the Lok Adalat, the 1st petitioner namely K. Ravindranath, Proprietor, M/s.Nikitha Agro Chemical Industries is present on behalf of the writ petitioners and the respondents 2 to 5 are present. After due deliberation and consultation of both parties, the following award is passed; (i). The petitioners have agreed to pay a sum of Rs.32,000/- (Rupees thrity two thousand only) to each of the respondents 2 to 5 (4 x Rs.32000/-) within a period of 30 days from today i.e., 11.09.2023.

(ii) If the petitioners fail to settle the amount, the respondents 2 to 5 are entitled to get interest at the rate of 12% per annum for the said amount. The respondents 2 to 5 have agreed to receive the said amount by way of Demand Draft or NEFT. The respondents 2 to 5 shall furnish their Bank account details to the petitioners today itself.

(iii) The respondents 2 to 5 herein shall withdraw the C.P.No.233 of 2011 which is pending on the file of the Principal Labour Court, Vellore within 15 days from the date of realisation of the award amount.

(iv) The petitioners are entitled to get refund of full court fee as per the rules.

1. K. Ravindranath Proprietor,M/s.Nikitha Agro Chemical Indusries,

C-43, Bay View Apartment,Kalakshethra Colony,Besant Nagar, Chennai 600 090.

2. Mrs.R. Mini Ravindranath, Proprietor, M/s.Nikitha Agro Chemical Indusries, C-43, Bay View Apartment, Kalakshethra Colony, Besant Nagar, Chennai 600 090.

3. The Management, M/s. Nikitha Agro Chemical Industries, No.49 & 81, SIDCO Industrial Estate, SIPCOT, Ranipet, Vellore District.

Counsel for the petitioners

1. P. Ramamoorthy

2. S. Prakash

3. Nithyaanantham

4. V.S.Durai .... respondents 2 to 5/ Parties-in-person Judge

Member Member

To:The parties/Advocate concerned Copy to:

1.The Principal Labour Court, Vellore District, Vellore 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

R. SAKTHIVEL, J.

MSR/MFA W.P.No.27896 of 2011 12.08.2023