The Banyan, K.V. Kishore Kumar(Director), v. Danya Ravikumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.13226 of 2023 The Banyan, K.V.Kishore Kumar (Director), 6th Main Road, Mogappair West, Chennai - 37.
... Petitioner Vs.
Danya Ravikumar ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records in O.P.No.138 of 2016 on the file of the learned III Additional Labour Court, Chennai and quash the award dated 25.11.2022.
For Petitioner : Mr.D.Abdullah For Respondent : Mr.P.G.Thiyagu ***** Page No.1 of 8
ORDER
This Writ Petition has been filed by the petitioner seeking for a Writ of Certiorari, to call for the records in O.P.No.138 of 2016 on the file of the learned III Additional Labour Court, Chennai and quash the award dated 25.11.2022.
2. The case of the petitioner is that, it is a Non Governmental Organization (NGO) providing shelter and treatment to the homeless and mentally ill patients. It runs its activities on donations, sponsors and government aid on certain projects. The respondent was in-charge of the day care centre at K.K. Nagar and the day care centre was closed after Covid lockdown on 05.08.2020. The respondent was discharging her duties properly and she was warned about poor performance vide letter dated 05.06.2015 and she was given two months time to improve performance. However, the respondent did not improve her performance, thereby, she was terminated from employment vide letter dated 24.09.2015. Thereafter, the respondent raised an Industrial Dispute in I.D.(OP).No.138 of 2016 seeking reinstatement before the learned III Additional Labour Court, Chennai and the Labour Court passed an award Page No.2 of 8
dated 25.11.2022, holding that the respondent is entitled for relief of reinstatement either at Kovalam or Mogappair Centre with 50% backwages from the date of termination till the date of award, however, not entitled for attendant benefits and all other benefits. Challenging the same, the present writ petition is filed.
3. During the pendency of this writ petition, upon considering the fact that there are chances of settlement in this mater, this Court referred the matter to Tamil Nadu Mediation and Conciliation Centre attached to this Court vide order dated 18.11.2024.
4. When the matter is taken up for hearing today, learned counsel appearing for the parties submitted that, pursuant to order passed by this Court, the parties have arrived at settlement and to that effect, mediation report along with settlement agreement dated 20.02.2025 has been filed before this Court, which has been signed by the petitioner and the respondent and also by the learned counsel for the parties.
5. The settlement agreement entered between the parties dated Page No.3 of 8
20.02.2025 is extracted herein:
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6. Accordingly, this Writ Petition is disposed of in terms of the settlement agreement dated 20.02.2025 and the same shall form part and parcel of the records. No Costs. Consequently, the connected writ miscellaneous petition is closed.
28.02.2025 Index : Yes / No Speaking order / Non-speaking order sp To The III Additional Labour Court, Chennai.
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M.DHANDAPANI, J.
sp 28.02.2025 Page No.8 of 8