← Library
Madras High CourtWP/9243/2010closed

The General Manager v. The Presiding Officer,

2018-07-26Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.PARTHIBAN W.P.No.9243 of 2010 and M.P.No.1 of 2010 & M.P.No.1 of 2011 and M.P.No.1 of 2015 The General Manager, Indian Reinforcing Company, RS No.3/3, Kurumbapet, Vazhudavur Road, Pondicherry.

... Petitioner Vs 1.The Presiding Officer, The Labour Court, Puducherry.

2.The President/Secretary, Indian Reinforcing Labour Union, RTU-1328/2003, Dalapathi Thiruma Illam, Ayyanar Koil, First Cross, Uzhandaikeerapalayam, Mudaliarpet, Pondicherry 605 004.

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, to call for the records from the first respondent herein in I.D.No.26 of 2004 and quash the award dated 17.03.2010.

For Petitioner : Mr.Vijayakumar for Mrs.Uma Vijayakumar For Respondents : Mr.K.Sasindran for M/s.Achari and Antoni for R2 : R1 - Court

O R D E R

It is represented by the learned counsel appearing on either side that when the matter was referred before the Mediation Centre, the parties had arrived at a settlement by Settlement Agreement dated 17.07.2018.

2. The contents of the Settlement Agreement are hereby recorded and being made as part of this order as follows:- "SETTLEMENT AGREEMENT

1. Dispute and difference had arisen between the parties hereto and W.P.No.9243 of 2010 was filed in 2010 before this Hon'ble High Court.

2.

The matter was referred to mediation/conciliation vide an order dated 15.02.2018 passed by Mr.Justice V.Parthiban.

3. The parties agreed that Ms.Chitra Narayan that act as their Mediator/Conciliation.

4.Several meeting were held during the process of Mediation/Conciliation from 15.03.2018 to 17.07.2018 and the parties have with the assistance of the mediator/conciliation voluntarily arrived at an amicable solution resolving the above mentioned dispute and difference.

5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the mediator/conciliation.

6.The following settlement has been arrived at between the parties hereto:

The petitioner has given cheque No.615024 for Rs.3,00,000/- (Three Lakhs Rupees) drawn on Bank of Baroda dated 17.07.2018 to Mr.Sarangapani and cheque No.615025 for Rs.3,00,000/- (Three Lakhs Rupees) drawn on Bank of Baroda dated 17.07.2018 to Mr.M.Masilamani, who have both received the cheque.

The workmen of 2nd respondent union have received these cheques in full settlement of the claims of Mr.D.Sarangapani and Mr.M.Masilamani against the writ petition. The parties consent to the closure of the writ petition on terms.

7. By signing this agreement, the parties hereto state that they have no further claims or demands against each other with respect to W.P.No.9243 of 2010 and all disputes and difference in this regard

been amicably settled by the parties hereto through the process of conciliation/mediation."

3. In view of the above settlement arrived at between the parties, no further orders are necessary to be passed in this writ petition and therefore, the same is closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gsk To 1.The Presiding Officer, The Labour Court, Puducherry.

2.The President/Secretary, Indian Reinforcing Labour Union, RTU-1328/2003, Dalapathi Thiruma Illam, Ayyanar Koil, First Cross, Uzhandaikeerapalayam, Mudaliarpet, Puducherry 605 004.

W.P.No.9243 of 2010 rk[co] srg 10/09/2018