The Management v. J.Kumaravel
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Saturday, the 11th day of September 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.CHOCKALINGAM (Retd.) and Members Ms.V.Ahalya, District Judge (Retd.) Mr.P.G.Perumal Pandiyan, Advocate W.P.No.29136 of 2016 (Petition filed seeking to call for the records of the order dated 17.07.2014 made in TNSE-II/1/2009 on the file of the Deputy Commissioner of Labour (Minimum Wages), Chennai - 600 006.
The Management Poonamallee Primary Agricultural Cooperative Bank Limited, Chennai 600 006.
rep.by President K.S.Ravichandran .. Petitioner Vs.
1. J.Kumaravel
2. The Deputy Commissioner of Labour (Minimum Wages), Labour Department Chennai-6.
.. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. Ms.T.P.Savitha, the learned counsel for the petitioner and learned representing counsel Ms.K.Kala on behalf of Mr.C.Prakasam, learned counsel for the first respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT The Labour Court has awarded a sum of Rs.35,35,763/- towards the monetary benefits along with backwages since at the time of disposal of the labour court order the first respondent attained the age of superannuation on 31.03.2003.
2. Now, both the parties have agreed to settle a sum of Rs.22,92,334/- (Twenty Two Lakhs Ninety Two Thousand Three Hundred and Thirty Four only) in full quit. Out of the said amount, a sum of Rs.2,00,000/- has already been paid to the first respondent. The parties have entered into a Joint Memo of Compromise dated 11.09.2021 and the details of payment of the balance amount is stated in the said Joint Memo of Compromise. The same shall form part of the order.
3. Accordingly, as per the Joint Memo, the appellant / Cooperative Bank is directed to pay the balance amount less the amount already deposited ie., Rs.20,92,334/-, in the following manner viz., Rs.8,92,334/- by way of a Cheque, Rs.4,00,000/- by way of six months fixed deposit bond, another Rs.4,00,000/- by way of nine months fixed deposit bond, and the final settlement of Rs.4,00,000/- by way of twelve months fixed deposit bond, within a period of two weeks from the date of receipt of a copy of this order.
4. The claimant / first respondent is permitted to withdraw agreed amount, if any deposited, without filing any formal petition. The order is passed accordingly.
5.The Labour Court is directed to issue the cheque, if any, to the party concerned on proper identification in accordance with the terms of the order, without insisting on any formal permission petition. The Writ Petition is disposed of accordingly. Connected miscellaneous petitions are closed.
The Management Poonamallee Primary Agricultural Cooperative Bank Limited, Chennai 600 006.
Appellant Ms.T.P.Savitha Counsel for the Petitioner J.Kumaravel 1st Respondent Ms.K.Kala for Mr.C.Prakasam Counsel for 1st Respondent This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To:The parties/Advocate concerned Copy to:
1.The Deputy Commissioner of Labour (Minimum Wages), Chennai - 600 006. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies kst
G.CHOCKALINGAM, J. (Retd.) KST W.P.No.29136 of 2016 11.09.2021