The Managing Director, v. The Presiding Officer,
M.DHANDAPANI.J., Today, the matter is listed under the caption "For Being Mentioned".
2. The learned Senior counsel appearing for the second respondent has brought to the notice of this Court that there are some typographical errors in Paragraph No.4 in W.P.No.29695 of 2016 dated 12.02.2025.
3. Accepting the submissions of the learned Senior Counsel for the second respondent, Paragraph No.4 shall be replaced as follows:
4. The learned Senior Counsel appearing for the second respondent would vehemently contend that after considering all the materials and pleadings, the trial Court rightly passed an order for reinstatement with full back wages, which does not warrant any interference. 1/7
M.DHANDAPANI.J., TSG
4. Registry is directed to carry out the necessary corrections and issue fresh order copy to the parties concerned. 07.07.2025 TSG 2/7
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.25698 of 2016 and 6501 of 2017 The Managing Director, Axles India Limited, Singaperumal Koil Road, Sriperumbudur - 602 105.
...Petitioner
Versus
1. The Presiding Officer, III Additional Labour Court, Chennai.
2. N.Sengumahathoom
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorari calling for the records on the file of the first respondent herein viz., The Presiding Officer, Third Additional Labour Court, Chennai in I.D.No.175 of 2012 and quash the award passed therein dated 19.05.2016.
For Petitioner : Mr.Anand Gopalan for M/s.Agam Legal For Respondents :Mr.K.M.Ramesh for Mr.S.Apunu, Senior counsel for R2 Court - R1 3/7
ORDER
This Petition has been filed under Article 226 of the Constitution of India seeking to quash the award passed by the first respondent herein viz., The Presiding Officer, Third Additional Labour Court, Chennai in I.D.No.175 of 2012 dated 19.05.2016.
2. Seeking to reinstate the second respondent with full back wages, continuity of service and all other benefits, he raised an industrial dispute u/s.2A of the Industrial Dispute Act before the Labour Cout and the Labour Court vide order dated 19.05.2016, has granted reinstatement with full backwages. Challenging the same, the present writ petition has been filed by the management.
3. The learned counsel for the petitioner management submits that during the pendency of this writ petition the matter was amicably settled between the parties and they are ready to pay a sum of Rs.7,00,000/- in full quit. That apart a sum of Rs.2,00,000/- has already been deposited by the petitioner before the Labour Court as per the order passed by this Court. They are also ready to pay the gratuity amount to the second 4/7
respondent within the time frame that may be stipulated by this Court.
4. The learned counsel for the second respondent has no objection for the said order being passed.
5. Heard the learned counsel for the petitioner and the learned counsel for the petitioner and the learned counsel for the second respondent.
6. In view of the fair submission made by the learned counsel for the petitioner, this Court directs the petitioner management to pay the gratuity amount and shall also pay a sum of Rs.7,00,000/- as full quit to the second respondent within a period of eight (8) weeks from the date of receipt of a copy of this order. The second respondent shall withdraw the entire amount of Rs.2,00,000/- which was already deposited by the petitioner management with accrued interest before the lower Court.
7. With the above direction and observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions 5/7
are closed.
12.02.2025 3/4 Index : Yes/No NCC : Yes/No RAP To The Presiding Officer, III Additional Labour Court, Chennai.
6/7
M.DHANDAPANI, J.
RAP 12.02.2025 3/4 7/7