The Commissioner v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2019 CORAM :

The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SUBRAMONIUM PRASAD W.A.No.3343 of 2019 and C.M.P.No.21443 of 2019

1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 003.

2. The Assistant Engineer, Zone-3, Part-8, Division-42, (Old Division-60), Chennai Corporation, Chennai.

.. Appellants -vs1. The Presiding Officer, II Additional Principal Labour Court, Chennai 600 104.

2.Govindammal 3.Alamelu 4.G.Siva 5.Padmavathy 6.Balasubramani 7.Mahalakshmi 8.G.Munusamy .. Respondents (Respondents 2 to 8 are legal heirs of the deceased to Ganesan) Appeal filed under Clause 15 of the Letters Patent against the order dated 08.03.2019 in W.P.No.6731 of 2019 on the file of this Court.

W.P.No.6731/2019:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the orders on the file of the 2nd Respondent herein in I.D. No. 436/2000 and quash the impugned award dated 23.03.2005 passed by the first respondent herein.

For Appellant : M/s.Karthikaa Ashok For Respondent :

:

R-1 Court Mr.S.T.Varadharajalu for RR 2 to 8

JUDGMENT

(Judgment of the Court was delivered by The Hon'ble Chief Justice) Heard the learned counsel for the appellant and the learned counsel for respondents 2 to 8.

2.A request had been made by the learned counsel to adjourn the matter for today as there was a possibility of a settlement between the parties on the amount agreed as involved in the case. 3.Today, an affidavit has been filed by the Commissioner, Greater Chennai Corporation, with a copy of the same having been served on the learned counsel for the contesting respondents, stating therein that the parties have settled through mediation and therefore, the claim of the legal heirs of the deceased, who are the respondents 2 to 8, now stands settled. 4.Learned counsel for the contesting respondents does not dispute the contents of the said affidavit.

5.Accordingly, this Writ Appeal now stands disposed of in terms of the said settlement as is stated in the affidavit. The affidavit shall form part of this judgment.

6.The learned counsel for the appellant prays for three weeks time to finally hand over the payment to the second respondent, who is the widow of the late employee. Let, the cheque be issued in favour of the second respondent within three weeks.

There shall be no order as to costs. Consequently, C.M.P.No.21443 of 2019 is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar

To 1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 003.

2.The Assistant Engineer, Zone-3, Part-8, Division-42, (Old Division-60), Chennai Corporation, Chennai.

3.The Presiding Officer, II Additional Principal Labour Court, Chennai 600 104.

+1 CC to Mr.S.T.Varadharajalu, Advocate sr 95302. +1 CC to M/s. Karthikaa Ashok, advocate sr 95354. W.A.No.3343 of 2019 RP(CO) SP(17/12/2019)