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Madras High CourtWP/35290/2015disposed of with direction

A.Mohan v. The Presiding Officer

2025-03-11Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.35290 of 2015 and M.P.No.1 of 2015 and W.M.P.No.149 of 2022 A.Mohan ... Petitioner Vs.

1.The Presiding Officer, Third Additional Labour Court, Chennai-600 104.

2.The Management, S.R.F.Limited, Manali, Chennai-600 068.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Certiorarified Mandamus, to call for the records relating to the award of the first respondent dated 02.03.2010 in I.D.No.131 of 2002, quash the same and consequently, direct the second respondent to reinstate the petitioner in service with continuity of service and with backwages and other attendant benefits, award costs.

For Petitioner : Mr.S.T.Varadarajulu For Respondents : R1-Court Mr.Sanjay Mohan for M/s.Ramasubramaniam and Associates for R2

O R D E R

This Writ Petition has been filed by the petitioner challenging the award dated 02.03.2010 passed in I.D.No.131 of 2002 by the first respondent and for a consequential direction to the the second respondent to reinstate the petitioner in service with continuity of service and with backwages and other attendant benefits.

2. The case of the petitioner is that, the second respondent Management is manufacturing Nylon Tyre Cord Fabric and the petitioner was working as Operator-II in the second respondent Management and he was dismissed from service on 20.10.1992, against which, the petitioner raised I.D.No.131 of 2002 before the III Additional Labour Court, Chennai and it was dismissed. Challenging the same, this Writ Petition has been filed.

3. When the matter is taken up for hearing today, learned counsel appearing for the petitioner/employee submitted that during the pendency of this writ petition, the petitioner died and the matter was amicably settled between the parties. The legal heirs of the petitioner agreed to receive a sum of Rs.2,00,000/- as compensation as offered by the second respondent Management.

4. The learned counsel appearing for the second respondent, on instructions, submits that the second respondent is ready to pay a sum of Rs.2,00,000/-.

5. Considering the submission made by the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent Management, this Court issues the following directions :- (i) the second respondent Management is directed to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only), as compensation, in full quit, by way of Demand Draft in

the name of the legal heirs of the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order.

6. In view of the above, the impugned award dated 02.03.2010 passed in I.D.No.131 of 2002 is set aside. Accordingly, this Writ Petition is disposed of. No costs. Consequently, the connected writ miscellaneous petitions are closed.

11.03.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To 1.The Presiding Officer, Third Additional Labour Court, Chennai-600 104.

2.The Management, S.R.F.Limited, Manali, Chennai-600 068.

M.DHANDAPANI,J.

ssb 11.03.2025