Mrs. Vijayalakshmi v. G.Arumugam (Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and M.P.Nos.1 and 1 of 2015 Prayer in W.P.No.28879 of 2015 Vijayalakshmi

...Petitioner

Vs.

1.G.Arumugam (Deceased) 2.The Presiding Officer, Ist Additional Labour Court, High Court Buildings, Chennai-600 104.

3.Andal 4.Sukuna 5.Manonmani 6.Kanjana 7.Nalina ...Respondents Page No.1 of 10

(*R3 to R7 were substituted as legal heirs of the deceased first respondent, as per the order dated 07.03.2025 made in W.M.P.No.33768 of 2016 in W.P.No.28879 of 2015*) Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari, to call for the records of the second respondent in I.D.No.229 of 2007, leading to award dated 29.03.2012 and quash the same.

Prayer in W.P.No.28880 of 2015 Vijayalakshmi

...Petitioner

Vs.

1.A.Andal 2.The Presiding Officer, Ist Additional Labour Court, High Court Buildings, Chennai-600 104. ...Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari, to call for the records of the second respondent in I.D.No.230 of 2007, leading to award dated 29.03.2012 and quash the same.

Page No.2 of 10

In both cases For Petitioner : Mr.R.Vishnu For Respondents : Mr.R.Karunakaran for R3 to R7 in W.P.No.28879 of 2015 and R1 in W.P.No.28880 of 2015 C O M M O N O R D E R These Writ Petitions have been filed challenging the awards dated 29.03.2012 passed in I.D.Nos.229 and 230 of 2007 by the second respondent, namely, the Presiding Officer, Ist Additional Labour Court, High Court Buildings, Chennai.

2. The facts of the case are that the first respondent in W.P.No.28879 of 2015 and the third respondent in W.P.No.28879 of 2015/first respondent in W.P.No.28880 of 2015, who are the husband and wife, were working as Watchman in the lands of the petitioner's husband. It was alleged by the employees that due to illness, they were admitted in the hospital and after recovery from illness, when they were going to join duty, they were prevented by the petitioner's husband and it was informed to them that they were dismissed from service without issuing any notice and thereby, they Page No.3 of 10

have raised Industrial Disputes in I.D.Nos.229 and 230 of 2007 before the Labour Court and the Labour Court ordered for reinstatement with backwages. Challenging the same, the present Writ Petitions have been filed.

3. Today, when the matters are taken up for hearing, the learned counsel appearing for both sides submitted that the matters were amicably settled between the parties and the employees/first respondent in W.P.No.28879 of 2015 and the third respondent in W.P.No.28879 of 2015/first respondent in W.P.No.28880 of 2015, have accepted to receive a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) as full quit in lieu of reinstatement and backwages awarded in I.D.Nos.229 and 230 of 2007. During the pendency of these writ petitions, since the first respondent in W.P.No.28879 of 2015 has died who is the husband of the third respondent/Andal in W.P.No.28879 of 2015/first respondent in W.P.No.28880 of 2015, Cheque was drawn in the name of Andal. Page No.4 of 10

4. In view of the settlement arrived at between the parties, no further order is required to be passed in these writ petitions. Accordingly, these Writ Petitions are closed. There shall be no order as to costs. Connected miscellaneous petitions are closed.

01.04.2025 ssb NCC : Yes/No Index : Yes/No Speaking Order : Yes/No To:

The Presiding Officer, Ist Additional Labour Court, High Court Buildings, Chennai-600 104.

Page No.5 of 10

M.DHANDAPANI, J.

ssb 01.04.2025 Page No.6 of 10

WP NO. 28879 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP NO. 28879 of 2015 AND WP NO. 28880 OF 2015 Mrs. Vijayalakshmi W/o. Late Ashok Mathai, No. 6/11, 14th Avenue, Harrington Road, Chetpet, Chennai - 600 031 Petitioner(s) Vs G.Arumugam (DECEASED) Karadaipudur Village, Gummudipundi Taluk, Thiruvallur District and 6 Others Respondent(s) WP NO. 28880 of 2015 Mrs. Vijayalakshmi W/o. Late Ashok Mathai, No. 6/11, 14th Avenue, Harrington Road, Chetpet, Chennai - 600 031 Petitioner(s) Vs Mrs.A.Andal W/o.G.Arumugam, Karadaipudur Village, Gummudipundi Taluk, Thiruvallur District and another Respondent(s) WP NO. 28879 of 2015 For Petitioner(s):

Mr. R. Vishnu (in Both The Wps) Page No.7 of 10

For Respondent(s):

R-2 Labour Court Mr.R.Karunagaran For Rr3 To 7 WP NO. 28880 of 2015 For Petitioner(s):

For Respondent(s):

M/S.R.KARUNAGARAN FOR R1 R2 - LABOUR COURT.

ORDER

The matter is today listed under the caption 'for clarification'. 2.The learned counsel appearing for the petitioner submitted that cheque bearing no.411483, Axis Bank, for a sum of Rs.2,50,000/- was drawn on 31.03.2025 in the name of Andal, without knowing the fact that the said Andal had already died.

3.The learned counsel appearing for the third respondent in W.P.No.28879 of 2015/ first respondent in W.P.No.28880 of 2015/ Andal submitted that since Andal has died, the cheque could not be encashed and handed over the cheque to the learned counsel appearing for the petitioner and submitted that cheque for the said amount could be drawn in the name of Sukuna/ fourth respondent in W.P.No.28879 of 2015/ legal heir of Andal. 4.The learned counsel appearing for the petitioner agreed that the petitioner will give cheque for a sum of Rs.2,50,000/- in favour of Sukuna/ fourth respondent in W.P.No.28879 of 2015/ legal heir of Andal. 5.In view of the above, this Court directs the petitioner to issue cheque for a sum of Rs.2,50,000/- in favour of Sukuna/ fourth respondent in W.P.No.28879 of 2015/ legal heir of Andal, within a period of one week from the date of receipt of a copy of this order. 29-04-2025 Page No.8 of 10

WP NO. 28879 of 2015 To

1. G.Arumugam (DECEASED) Karadaipudur Village, Gummudipundi Taluk, Thiruvallur District

2. The Presiding Officer I st Addl. Labour Court, High Court Buildings, Chennai 104

3. Smt.Andal, W/o.Late.G.Arumugam, .

AT Karadipudur Village, Kannankottai Po., Gummidipoondi Tk., Thiruvallur Dist.

4. Smt.Sukuna, W/o.Chandran, D/O.LATE.G.ARUMUGAM,AT Karadipudur Village, Kannankottai Po., Gummidipoondi Tk., Thiruvallur Dist.

5. Smt.Manonmani,w/o.Rajendran, D/O.LATE.G.ARUMUGAM, AT Karadipudur Village, Kannankottai Po., Gummidipoondi Tk., Thiruvallur Dist.

6. Smt.Kanjana,w/o.Subramani, D/O.LATE.G.ARUMUGAM, AT Karadipudur Village, Kannankottai Po., Gummidipoondi Tk., Thiruvallur Dist.

7. Smt.Nalina,w/o.Ramesh, D/O.LATE.G.ARUMUGAM, AT Karadipudur Village, Kannankottai Po., Gummidipoondi Tk., Thiruvallur Dist.(R3 TO R7 ARE SUBSTITUTED AS LRS OF DECEASED R1, AS PER ORDER DATED 07.03.2025 IN WMP.33768/2016 IN WP.28879/2015 BY MDIJ) WP NO. 28880 of 2015

1. Mrs.A.Andal W/o.G.Arumugam, Karadaipudur Village, Gummudipundi Taluk, Thiruvallur District

2. The Presiding Officer Page No.9 of 10

I st Addl. Labour Court, High Court Buildings, Chennai 104 pri Page No.10 of 10