Madras High CourtWP/7527/2018settled before the lokadalats

The Management, Tnstc., Coimbatore v. Mr.A.Velusamy,

2018-11-16Honourable Mr Justice M.Thanikachalam (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Friday, the 16th day of November 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAI SUBRAMANIAN (Retd.) and Members Mr.D.Bhaskar Mrs.V.Nalini W.P.No.7527 of 2018 and W.M.P.No.9375 of 2013 Prayer in W.P.No.7527 of 2018 :- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of a writ of Certiorari to call for the records relating to the order dated 14.09.2017 passed in A.P.No.367 of 2011 on the file of the 2nd respondent and quash the same as being illegal arbitrary and unconstitutional.

The Management, Tamil Nadu State Transport Corporation, (Coimbatore) Limited, 37, Mettupalayam Road, Coimbatore - 43 .. petitioner Vs.

1. Mr.A.Velusamy

2. The Special Deputy Commissioner of Labour, Chennai.

.. Respondent This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.K.J.Sivakumar, learned counsel for the petitioner and Mr.A.Rajendiran, learned counsel for the first respondent are present.

TERMS OF SETTLEMENT The petitioner / Corporation challenges the order dated 14.09.2017 passed in A.P.No.367 of 2011 by the Deputy Commissioner of Labour, Chennai. Pending hearing, the matter was referred to the Lok Adalat for settlement. Both the parties came to a compromise and Joint Memo of Compromise has been filed.

2. As per the Joint Memo of Compromise, it was agreed by both the parties that the first respondent, viz., Mr.A.Velusamy

shall be re-instated in service as Driver with continuity of service in the petitioner / Corporation but without any back wages. The aforesaid Joint Memo of Compromise has been recorded.

3. In view of the above compromise, Writ Petition stands disposed of as settled between the parties and the Joint Memo of Compromise shall form part of the award. Consequently connected miscellaneous petition is closed.

4. The full Court fee shall be refunded to the petitioner in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994 and there shall be no demand for additional Court fee.

Sd/- The Management Tamil Nadu State Transport Corporation, (Coimbatore) Limited, 37, Mettupalayam Road, Sd/- Coimbatore - 43.

Counsel for the petitioner Sd/- Sd/- Mr.A.Velusamy Counsel for the 1st respondent Sd/- Judge Sd/- Sd/- Member Member Enclosure: Memo of Compromise filed by both parties Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned

Copy to:

1.The Secretary, High Court Legal Services Committee, Chennai.

2.The Section Officer, V.R.Section, High Court, Madras.

3.The Section Officer, Lok Adalat Section, High Court, Madras. +2 copies

4. The Special Deputy Commissioner of Labour, Chennai.

W.No.7527 of 2018 and W.M.P.No.9375 of 2013 SV(CO) GN(30/11/2018)