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Madras High CourtWP/3650/2011dismissed as infructuous

Dr.V.S.Vijay v. S.Remy

2018-11-14Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2018

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.3650 of 2011 Dr. V.S. Vijay Managing Director, Arun Hospital No.15, Thyagarajapuram, Vellore - 1 ... Petitioner -Vs1.S. Remy 2.The Presiding Officer, Principal Labour Court, Vellore.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari or order or direction in the nature of a writ or any appropriate writ calling for the entire records in pursuant to the award dated 01.11.2010 made in I.D. No.3 of 2008 on the file of the Principal Labour Court, Vellore.

For Petitioner : M/s.M.Sangeetha for Mr.T.P.Prabakaran For Respondent 1&2 : Mr.S.T.Varatharajan

O R D E R

The writ petition has been filed for issuance of Writ of Certiorari or order or direction in the nature of a writ or any appropriate writ calling for the entire records in pursuant to the award dated 01.11.2010 made in I.D. No.3 of 2008 on the file of the Principal Labour Court, Vellore.

2. The learned counsel for the petitioner and the learned counsel for the first respondent jointly would submit that the matter stands settled between the petitioner and the Management of the Hospital. Accordingly, Memorandum of Settlement under Section 2(P) and 18(1) of the Industrial Disputes Act, 1947 dated Read with Rules 25 of Tamil Nadu Industrial Disputes https://hcservices.ecourts.gov.in/hcservices/

Rules, 1958, dated 09.11.2013 has been produced after duly signed by both parties before this Court.

3. The learned Counsel for the petitioner would submit that since the memorandum settlement executed between the parties, there is nothing survives to adjudicate the matter involved in this writ petition. Hence, the relief sought for in this writ petition became infructuous.

4. In view of the submission of the learned counsel for both parties, the Memorandum of Settlement under Section 2(P) and 18(1) of the Industrial Disputes Act, 1947 dated Read with Rules 25 of Tamil Nadu Industrial Disputes Rules, 1958, dated 09.11.2013 is hereby recorded and the same shall form part of the order.

5. In the result, the writ petition is dismissed as infructuous. There shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lbm To:

The Presiding Officer, Principal Labour Court, Vellore W.P.No.3650 of 2011 SSI(CO) CSL/20.12.2018 https://hcservices.ecourts.gov.in/hcservices/