← Library
Madras High CourtWP/34470/2012settled before the lokadalats

The Management Of v. The Presiding Officer,

2024-03-09Honourable Mr Justice B. Gokuldas(Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th day of March, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) and Members Mr.K.Balasubramanian, District Judge (Retd.) Mr.R.Ganesh, Advocate To issue a Writ of Certiorari to call for the records connected with I.D.No.200 of 2009 on the file of the 1st respondent, i.e., The Presiding Officer, Principal Labour Court, Vellore and to quash the award dated 16.02.2012 made therein.

The Management of Sree Muni Pachaiyappen Textiles Private Ltd., Iyapade Village, Sholingur.

... Petitioner Vs.

1.The Presiding Officer, Principal Labour Court, Vellore.

2.Dayalan

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.M.ThulasiPrasad, learned counsel for petitioner, Mr.M.Muthusamy, Government Advocate for 1st respondent and Mr.D.Christopher for 2nd respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT 1/4

The Prinicipal Labour Court, Vellore District has allowed I.D.No.200 of 2009 by directing the petitioner - Management to reinstate the 2nd respondent in service with continuity of service and all other attendant benefits and the petitioner is entitled to get 50% of backwages only from the petitioner Management.

2.After due deliberation, consultation and negotiation settled between the parties, the Management is ready to settle the matter by way of Rs.3,20,000/- (Rupees Three Lakhs and Twenty Thousand Only) as full quit. Already the Management has deposited a sum of Rs.50,000/- (Rupees Fifty Thousand Only) as ordered by the Labour Court. Now the amount settled is included the deposited amount of Rs.50,000/- (Rupees Fifty Thousand Only).

3.Now the Management have issued an Account Payee Cheque in the name of Mr.Dayalan, the 2nd respondent herein for a sum of Rs.2,70,000/- (Rupees Two Lakhs and Seventy Thousand Only) at Karur Vysya Bank, Sholingur Branch, Vellore District, bearing Cheque No.002515 dated 07.03.2024. The petitioner Management has already deposited a sum of Rs.50,000/- before the Principal Labour Court, Vellore vide Challan No.206111 dated 28.01.2013.

4.Now, the 2nd respondent worker is relinquished his right of reinstatement and made endorsement to that effect. Hence, the cheque which have submitted here is handed over to 2nd respondent in the presence of his counsel and acknowledgement obtained. The 2nd 2/4

respondent worker is entitled to withdraw the deposited amount of Rs.50,000/- (Rupees Fifty Thousand Only) from the Labour Court. The settlement arrived under Section 18(1) of the Industrial Dispute Act, 1947 forms part and parcel of this order.

The Management of Sree Muni Pachaiyappen Textiles Private Ltd., Iyapade Village, Sholingur.

Counsel for the Petitioner 1.The Presiding Officer, Principal Labour Court, Vellore.

Counsel for 1st respondent 2.Dayalan Counsel for 2nd respondent This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid 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.

Judge Member Member To:

The parties/Advocate concerned Copy to:

1.The Presiding Officer, Principal Labour Court, 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 krk B.GOKULDAS.J.,(Retd.) krk 3/4

09.03.2024 4/4