Madras High CourtWP/7144/2019settled before the lokadalats

The Perundurai Public Servants Coop v. P.Senthilkumar

2020-02-12Honourable Mr. Justice Malai Subramanian (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Wednesday, the 12th day of February, 2020 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Member Mr.S.Sathiyamoorthy (District Judge (Retd.)) W.P.No.7144 of 2019 and WMP No.7866 of 2019 Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the award dated 25.09.2018 made in I.D.No.21 of 2014 passed by the Labour Court, Salem and quash the same. The Perundurai Public Servants Co-op Thrift and Credit Society Ltd., No.AA332 represented by its President, Agrahara Street, Perundurai - 638 052, Erode District.

... Petitioner Vs.

P.Senthilkumar ... Respondent When this case is taken up for hearing today, both the parties are present. Mr.S.J.Mohamed Sathik, learned counsel representing M/s.N.Manokaran, learned counsel for the writ petitioner and Mr.K.C.Vinodh, learned counsel representing Mr.L.Chandrakumar, learned counsel for respondent are present. TERMS OF SETTLEMENT The Labour Court, Salem passed an Award in I.D.No.21 of 2014 directing the Writ Petitioner to reinstate the respondent with 25% of backwages. As against the award, the Petitioner has filed this Writ Petition to quash the Award.

2. The Writ Petition was sent to the Lok Adalat by the Hon'ble High Court for effecting a compromise. Both the parties as well as their respective counsel are present today. They filed a Joint Memo of Compromise duly signed by both parties and their respective counsel.

3. By virtue of the compromise memo, it has been agreed by both sides that the respondent shall be reinstated in service by the petitioner without any backwages or continuity of service or other benefits; however, it was agreed that it is open to the respondent to stake his claim for seeking permanency as per the provisions of the Act. It is also agreed by both the parties that the respondent shall be taken back to service on daily wages of Rs.350/- (Rupees Three Hundred and Fifty only). The petitioner also agrees to reinstate the respondent within 15 (fifteen) days from the date of receipt of the copy of the award passed by this Adalat.

Sd/- The Perundurai Public Servants Co-op Thrift and Credit Society Ltd., No.AA332 represented by its President, Perundurai Sd/- Counsel for the writ petitioner Sd/- Sd/- P.Senthilkumar Counsel for the respondent LOK ADALAT AWARD 4.

Accordingly, the above compromise has been effected and the Joint Compromise Memo dated 12.02.2020 shall form part of this award. This Lok Adalat award is passed in terms of the above settlement.

The Writ Petition stands disposed of as settled. No costs. Consequently, connected Miscellaneous Petition is closed.

The full Court fee paid shall be refunded to the writ 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. Sd/- Judge Sd/- Member 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. 2 Copies

3. The Section Officer, Lok Adalat Section, High Court, Madras. (2 copies) W.P.No.7144 of 2019 RJI(CO) GMY(14/02/2020)