The Managing Director, v. Presiding Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2023

CORAM:

THE HON'BLE MR. JUSTICE S. VAIDYANATHAN and THE HON'BLE MR. JUSTICE K. RAJASEKAR W.A. No.1243 of 2022 & C.M.P. No.7850 of 2022 The Managing Director Faiveley Transport Rail Technology India Ltd. (formerly known as Faiveley Transport India Ltd.) Harita Hosur 635 109 Appellant v The Presiding Officer Labour Court Salem N. Srinivasan Respondents Writ Appeal filed under Clause 15 of the Letters Patent challenging the order dated 31.07.2019 passed in W.P. No.155 of 2012. For appellant Mr. Anand Gopalan for M/s. T.S. Gopalan & Co.

R1 Court For R2 Mr. T.S. Baskaran

JUDGMENT

This writ appeal is directed against the order dated 31.07.2019 passed by a Single Bench of this Court in W.P. No.155 of 2012. 1/4

Today, when this writ appeal was taken up for hearing, a joint memo dated 28.07.2023, signed by the learned counsel on either side, was filed and the same is extracted below:

"JOINT MEMO The writ appeal has been filed by the Management challenging the final order dated 31.07.2019 in W.P. No.155 of 2012. The Management had deposited Rs.8,97,136/- before the Labour Court, Salem on 27.02.2012 pursuant to the interim order made in W.P. No.155 of 2012. Now both parties have hereby agreed to resolve the dispute. Therefore, the Management has agreed to permit the employee to withdraw the said amount lying with the Labour Court, Salem, with accrued interest. The Management has further agreed to pay an additional sum of Rs.2 lakhs (Rupees Two Lakhs only) to the workman and the workman has agreed to receive the same and settle the dispute. This Hon'ble Court may be pleased to record the joint memo of the counsels filed on the instructions of the parties and close the appeal.

Dated at Chennai this the 28th day of July 2023" As per the above joint memo, the appellant Management has agreed to pay a sum of Rs.2 lakhs over and above the sum of Rs.8,97,136/- what has been deposited in the Labour Court, Salem. It is open to the second respondent workman to withdraw the same together with accrued interest. On production of a copy of this judgment by the second respondent workman, within a period of two weeks, the first respondent Labour Court is expected to release the amount of Rs.2 lakhs and also the sum of Rs.8,97,136/-, directly in the name of the second respondent workman without even notice to the appellant Management, inasmuch as, the joint memo extracted above, narrates the "no objection" expressed by the appellant Management to release the amount to the second respondent workman. 2/4

This writ appeal stands disposed of accordingly sans costs. (S.V.N., J.) (K.R.S., J.) 28.07.2023 cad To The Presiding Officer Labour Court Salem 3/4

S. VAIDYANATHAN, J.

and K. RAJASEKAR, J.

cad 28.07.2023 4/4