M.Raju v. The Chief Executive Officer
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Friday, the 10th day of February, 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by The Hon'ble Mr.JUSTICE J.A.K. SAMPATHKUMAR (Retd.,) and Members Mr. P.Ramalingam Mr. M. Boopathi W.P.Nos. 24770, 34836, 34837 of 2015 and 4390 of 2016 (Writ Petitions filed under Article 226 of Constitution of India praying to issue writs, orders or directions and in particular issue a writ in the nature of Mandamus directing the 1st respondent to remit EPF subscription in respect of petitioners and employer contribution to the 2nd respondent and consequently direct the 2nd respondent to pay EPF pension to the petitioners from the date of retirement with 12 % interest) 1.M . Raju 2.R.
Balakrishnan 3.P. Lakshmanan 4.S. Devaraj 5.K. Dakshinamoorthy 6.A. Perumal 7.P. Manoharan 8.S. Munian ... Petitioners in W.P.No. 24770/2015 1.R. Gandhiappan 2.M. Kaveri 3.P. Shanmugam 4.M. Viswanathan 5.K. Subramanian ... Petitioners in W.P.No. 34836/2015 1.A. Rajendran 2.S. Prabakaran 3.P. Ramasamy 4.N. Subramanian 5.S.T. Arasu 6.A. Madheswaran 7.B. Moorthy 8.S.Anthonisamy 9.C. Madhu 10.A. Chelladurai 11.V.
12.V. Alagarsamy 13.M. Pulavendran 14.M. Devadoss 15.V. Kandasamy 16.Irudhayaraj 17.R. Jeyakumar 18.R. Vijayakumaran 19.R. Nallathambi 20.P. Palanisamy 21.O. Karuppan 22.S. Arumugam ... Petitioners in W.P.No. 34837/2015 1.N. Mayavan 2.S. Ramalingam 3.P. Kamaraj 4.R. Mohan Dass 5.S. Dhanagopalan ... Petitioners in W.P.No.4390/2016 /vs/ 1.The Chief Executive Officer, Kuralagam, Chennai - 108 2.The Regional Provident Fund Commissioner, Tamil Nadu Region, Royapettah High Road, Royapettah, Chennai -14 ... 1st and 2nd Respondents in all the W.P's 3.The Assistant Provident Fund Commissioner Sub-Regional Office, Employees Provident Fund Organization, No.18, Madurai Road, Trichy - 620 008 ... 3rd Respondent in W.P.No.34837/2015 These cases came up for settlement before the Lok Adalat. Mr. M.
Muthupanidan, learned counsel appearing for the petitioners (in all the W.P.s) present. Mr. S.K.Bose, learned counsel appearing for the 1st Respondent (in all the W.P.s) present. Mr. K.Gunasekar, SPCCG, learned counsel appearing for the 2nd Respondent (in all the W.P.s) and the 3rd respondent (in W.P.No. 34837/2015) present.
JUDGEMENT The petitioners and respondents and their respective counsels are present. Joint Memo of Compromise has been filed and it reads as follows :
After the negotiations with the respondent Tamil Nadu Khadi and Village Industries Board, the petitioners and the first respondent (alone the contesting respondent) management entered with compromise and the Khadi Board (1st respondent) agreed to pay the Provident Fund subscription amount to be paid along with 6% of interest for 4 years till the date of retirement for retired employees as well as serving employees.
Accordingly, the petitioners received the amount as per the list (39 persons) attached herewith along with the acknowledgement. The petitioners agreed to withdraw the above W.P.'s.
Proceedings of the Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai, in R.C.No. 16789/VII(2)/2015, dated 8.2.2017, is filed along this. The copy of the proceedings and acknowledging for receipt of the payment are filed herewith. Both shall form part of the record.
In view of the Joint Compromise Memo, the Writ petitions are disposed of accordingly.
Since, the first respondent alone contesting and other respondents, formal parties their presence/signature does not requires in the Joint Memo of Compromise.
sd/- M. Raju and 38 others Counsel for Petitioners in all W.P.s (enclosed the signature list) sd/- The Chief Executive Officer, sd/- Kuralagam, Chennai - 108 .... Counsel for 1st respondent in all W.P.s sd/- Judge sd/- sd/- Member Member Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
To The parties/Advocate concerned Copy to 1.The Secretary, High Court Legal Services Committee, Chennai. 2.The Section Officer, V.R.Section, High Court, Madras. 3.The Section Officer, Lok Adalat Section, High Court, Madras. 4.The Section Officer, Writ Section, High Court, Madras 5.The Chief Executive Officer, Kuralagam, Chennai - 108
6. The Regional Provident Fund Commissioner, Tamil Nadu Region, Royapettah High Road, Royapettah, Chennai -14 7.The Assistant Provident Fund Commissioner Sub-Regional Office, Employees Provident Fund Organization, No.18, Madurai Road, Trichy - 620 008 +2cc W.P.Nos. 24770, 34836, 34837 of 2015 and 4390 of 2016 vsn(co) ss(28/02/2017)