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Madras High CourtWP/9351/2012disposed of with direction

The Management, v. The Presiding Officer,

2025-02-17Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and M.P.No.2 of 2012 The Management, The Indian Express Limited, No.37/C, (Old No.16C), 2nd Floor, Whites Road, Royapettah, Chennai-600 014.

... Petitioner Vs.

1. The Presiding Officer, III Additional Labour Court, City Civil Court Building, Chennai-600 104.

2.A.John Anthonymuthu ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records and the proceedings of I.D.No.72 of 2002 and after going through the legality, validity and property thereof, be pleased to quash and/or set

aside the impugned award dated 23.02.2010 passed by the III Additional Labour Court, Chennai, directing the petitioner to reinstate the second respondent with continuity of service and 50% backwages with benefits. For Petitioner :

Ms.Pushpa Menon For Respondents :

R1-Court Mr.S.T.Varadharayulu for R2

O R D E R

This Writ Petition has been filed challenging the award dated 23.02.2010 passed in I.D.No.72 of 2002 by the III Additional Labour Court, Chennai, directing the petitioner to reinstate the second respondent with continuity of service and 50% backwages.

2. The learned counsel appearing for the petitioner submits that the second respondent/workman filed I.D.No.72 of 2022 before the III Additional Labour Court, Chennai, for reinstatement under Section 2A(2) of the Industrial Disputes Act, wherein, the Labour Court ordered for reinstatement with 50% back wages, vide impugned award dated 23.02.2010. Pursuant to the said award, the petitioner Management

deposited a sum of Rs.6,67,988/- towards back wages and the second respondent/workman also received the interest periodically. Apart from that, the petitioner Management is now ready to pay another sum of Rs.3,00,000/- as full quit without any further payment, in lieu of backwages and reinstatement.

3. The second respondent/workman appeared before this Court today and agreed to receive the amount as suggested by the petitioner Management.

4. In view of the above, the petitioner Management is directed to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) within a period of four weeks from the date of a receipt of a copy of this order to the credit of I.D.No.72 of 2002 on the file of the III Additional Labour Court, Chennai. On such deposit, the second respondent/workman is entitled to withdraw the sum of Rs.6,67,988/- already deposited by the petitioner Management and also the sum of Rs.3,00,000/- which is deposited as per

the above undertaking by filing appropriate petition before the Labour Court.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed.

17.02.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To The Presiding Officer, III Additional Labour Court, City Civil Court Building, Chennai-600 104.

M.DHANDAPANI, J.

ssb 17.02.2025