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Madras High CourtWA/472/2018disposed of in memo of compromise

C.Gnanasekaran v. The Presiding Officer,

2024-09-20Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice P. Dhanabal9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2024

CORAM

THE HONOURABLE MRS. JUSTICE J. NISHA BANU & THE HONOURABLE MR.JUSTICE P.DHANABAL W.A.Nos.472 & 473 of 2018 C.Gnanasekaran ... Appellant in WA.472/2018 Leela Venkatanarayanan W/o.B.Venkatanarayanan (died) ...Appellant in WA.473/2018 [Sole appellant B.Venkatanarayanan died LR is substituted vide order dated 1/7/24] Vs.

1.The Presiding Officer Principal Labour Court Chennai.

..R2 in WA.472/2018 ..R1 in WA.473/2018 2.The Management of Rane (Madras) Limited Velacherry Main Road Velacherry Chennai-600 042 ....R1 in WA.472/2018 ...R2 in WA.473/2018

Prayer: Writ Appeals filed under Clause 15 of the Letters Patent as against the Common Order dated 06.06.2014 passed in W.P.No.5107 of 2004 and 15326 of 2013.

For Appellants/Workman : Mr.K.M.Ramesh For Respondent/Management : Mr.Gupta & Ravi COMMON JUDGMENT The above Writ Appeals are filed by the appellants-workman, aggrieved by the order passed by the learned Single Judge, whereby, the impugned award passed by the Labour court holding that non-employment of the workmen by the Management is justified, was confirmed.

2. On 31.07.2024, we directed both the parties to appear before the Tamil Nadu Mediation and Conciliation Centre with respective counsel in person on 09.09.2024 for mediation.

3. Before the Mediation Centre, after mediation/conciliation, both parties arrived at a settlement in the presence of Mediator/Conciliator and settled the disputes and differences through the process of conciliation/mediation. On 04.09.2024, settlement was arrived and settlement agreement was entered into between the parties. The terms of the settlement agreement is extracted hereunder:- W.A.472 of 2018 "SETTLEMENT AGREEMENT "WHREAS

1. Disputes and differences had arisen between the parties hereto and W.A.No.472 of 2018 was filed on 22/01/2018 before the Hon'ble High Court of Madras.

2. The matter was referred to Mediation/Conciliation vide an order dated 31/07/2024 passed by the Hon'ble JNBJ & PDBJ.

3. The parties agreed that G.Manjula Devi would act as their Mediator/Conciliator.

4. Several meetings were held during the process of Mediation /

Conciliation from 09/08/2024 to 04/09/2024 and the parties have with the assistance of the Mediator/conciliator voluntarily arrived at an amicable solution resolving the above-mentioned disputes and differences.

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/Conciliator.

6. The following Settlement has been arrived at between the parties hereto:- A. The management hereby agrees to pay a sum of Rs.9,00,000/- in full and final settlement of all his claims including terminal benefits and claim made by the appellant in W.A.No.472 of 2018. B. The appellant agrees to receive the sum of Rs.9,00,000 before the Hon'ble Court in full and final settlement of all his claims/arising out of the termination order dated 27/7/1982 issued to him including the claim made in W.A.No.472 of 2018 and terminal benefits. C. Both the parties agree to file a copy of the settlement in the pending W.A.No.472 of 2018 and request the Hon'ble Court to take

the settlement on file and pass appropriate order in W.A.No.472 of 2018 and thereby render justice.

7. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to W.A.No.472 of 2018 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of conciliation/Mediation. Date : 04/09/2024.

Parties Signed. "

W.A.473 of 2018 "SETTLEMENT AGREEMENT "WHREAS

1. Disputes and differences had arisen between the parties hereto and W.A.No.473 of 2018 was filed on 22/01/2018 before the Hon'ble High Court of Madras.

2. The matter was referred to Mediation/Conciliation vide an order dated 31/07/2024 passed by the Hon'ble JNBJ & PDBJ.

3. The parties agreed that G.Manjula Devi would act as their Mediator/Conciliator.

4. Several meetings were held during the process of Mediation / Conciliation from 09/08/2024 to 04/09/2024 and the parties have with the assistance of the Mediator/conciliator voluntarily arrived at an amicable solution resolving the above-mentioned disputes and differences.

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/Conciliator.

6. The following Settlement has been arrived at between the parties hereto:- A. The management hereby agrees to pay a sum of Rs.9,00,000/- in full and final settlement of all his claims including terminal benefits and claim made by the appellant in W.A.No.473 of 2018 to the legal heirs of the appellant.

B. Both the parties agree that the legal heirs of the appellant agree to receive the sum of Rs.9,00,000 before the Hon'ble Court in full and final settlement of all claims arising out of the termination order dated 27/7/1982 issued to the deceased B.Venkatanarayanan including the claim made in W.A.No.473 of 2018 and terminal benefits. C. Both the parties agree to file a copy of the settlement in the pending W.A.No.473 of 2018 and request the Hon'ble Court to take the settlement on file and pass appropriate order in W.A.No.473 of 2018 and thereby render justice.

7. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to W.A.No.473 of 2018 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of conciliation/Mediation. Date : 04/09/2024.

Parties Signed. "

4. In terms of the above settlement agreement arrived at between the parties and

as per the terms of settlement, today (20.09.2024) cheque for Rs.9,00,000/- in full and final settlement had been handed over to the appellants in both Writ Appeals and the appellants received the same.

5. Recording the above, Writ Appeal Nos.472 and 473 of 2018 are disposed of. The settlement agreement shall stand form part and parcel of the record. Since the matter is settled between the parties, the Registry shall refund the Court Fee as per Rules in force. No costs.

[J.N.B.,J.] [P.D.B.,J.] 20.09.2024 nvsri To The Presiding Officer Principal Labour Court Chennai.

J. NISHA BANU, J.

and P.DHANABAL, J.

nvsri W.A.Nos.472 & 473 of 2018 20.09.2024