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Madras High CourtWP/27186/2014disposed of

Workmen Of G.E. India v. The Presiding Officer (Fac),

2017-11-17Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.11.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.27186 of 2014 Workmen of G.E. India Industrial Pvt. Ltd., Through United Labour Federation, 4th Floor, C.J. Complex, 149, Thambu Chetty Street, Chennai -1.

Rep. By its Branch Secretary Mr.R.Mari ... Petitioner versus 1.The Presiding Officer (FAC), Labour Court, Pondicherry.

2.The Management of G.E. India Industrial Pvt. Ltd., Rep. By its Managing Director, Sedarapet, Pondicherry - 605 111.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the 1st respondent in connection with its award pronounced on 28.04.2014 in I.D.(L) No.24/2010 and quash the same.

For Petitioner :

Mr.K.Sudalaikannu For Respondent 2 :

Mr.Ravi For M/s.Gupta & Ravi

O R D E R

The relief sought for in this writ petition is to call for the records in respect of the award passed by the 1st respondent in I.D.(L) No.24/2010 dated 28.04.2014 and quash the same.

2. The learned counsel appearing on behalf of the petitioner as well as respondents today, submitted a copy of Memorandum of Settlement under Section 2P r/w. Section 18(1) of the Industrial Disputes Act entered between the parties on 16th November 2017. The respective learned counsels appearing

on bahalf of the parties in this writ petition made a submission that the terms of settlement are agreed by the parties and by recording the same the writ petition may be disposed of.

3. In view of the submission made by the respective learned counsels appeared for the petitioner as well as respondents, this Court is inclined to record the terms of settlement which reads as follows:

MEMORANDUM OF SETTLEMENT UNDER SECTION 2P READ WITH SECTION 18(1) OF THE INDUSTRIAL DISPUTES ACT, 1947.

Name of the Parties :

Management of G.E.India Industrial Private Limited Sedarapet.

Pondicherry 605 111 and Workmen of G.E.India Industrial Private Limited, Through United Labour Federation, Represented by its Branch Secretary Mr.R.Mari Representing the Employer:

Mr.Glen D Souza Employee Relation Head Representing workmen :

Mr.R.Mari, Branch Secretary Number and description of workmen: 38 Covered by the Settlement Whereas the Employer had a factory at Industrial Estate, Sedarapet, Pondicherry which was engaged in the manufacturing of Air Circuit Breakers and electrical items and employed 38 workmen on its rolls.

Whereas the Employer issued a notice dated 25.07.2009 under Section 25 FFA of the Industrial Disputes Act, 1947 expressing its intention to close down the factory after the expiry of 60 days from the date of notice.

Whereas by notice dated 05.10.2009, the employer issued Notice of closure of the factory and informed the workmen that they will be paid closure compensation in accordance with Section 25 FFF of the industrial disputes Act, 1947. Whereas the employer consequent to the closure of the factory had paid to the 38 workmen closure compensation in accordance with law, gratuity and all terminal benefits which has been received by all the 38 workmen.

Whereas the Union representing the workmen raised a dispute challenging the closure of the factory by the Employer which after failure of conciliation was referred for adjudication to the Labour Court, Pondicherry by the Government of Pondicherry.

Whereas the dispute raised by the Union was taken on the file of the Labour Court as.I.D.NO.4 and 24 of 2010. Whereas by Award dated 28.04.2014, the Labour Court upheld the closure of the factory and answered the reference accordingly.

Whereas aggrieved by the aforesaid award of the Labour Court the Union filed WP.NO.27186/2014 which is pending on the file of the High Court of Madras.

Whereas during the pendency of the Writ Petition the parties held bi-lateral discussions and have arrived at a settlement, the terms of which are as follows: TERMS OF SETTLEMENT (1)The Union hereby agrees that the closure of the factory by the Employer at Pondicherry on and from 05.10.2009 is final and irrevocable.

(2)The Union hereby agrees that all the workmen employed in the said factory have received compensation, gratuity and all terminal benefits in accordance with law.

(3)The Union hereby accepts the Award of the Labour court as final and that the same is binding on the workmen. (4)However, in order to mitigate the sufferings of the workmen and as a gesture of good will the employer has agreed to pay ex-gratia compensation to all the 38 workmen on the following basis.

(a)For workmen who have completed up to 9 years of service as on 1.10.2009 Rs.40,000/- for every completed year of service.

(b) For workmen who have completed more than 9 years of service as of 1.10.2009 Rs.55,000/- for every completed years of service.

(5) The amounts payable to each of the individual workmen has been calculate and annexed to this settlement as Annexure-A.

(6) The Union has agreed to receive the payments mentioned in Annexure - A to this Settlement in full and final settlement of all the claims of the workmen if any against the employer.

(7)the employer will made payment of the amount due under the settlement by way of individual cheques drawn in favour of each of the workmen.

(8)The Employer has agreed to hand over all the 38 cheques drawn in favour of the individual workmen to the Branch Secretary of the Union based on the Undertaking that the union has been authorised to receive the cheques for amounts due under this settlement and that the union will obtain and forward stamped receipts duly signed by each of the workmen to the manager.

(9)In the event of any individual workmen making any claim or grievance about the non receipt of the cheques the Union will be solely responsible for answering the said claims and for the said purpose Union will indemnify and keep the employer indemnify of any such claim made by any individual workmen. (10)The Union hereby agrees that consequent to this settlement neither the Union nor any individual workmen will raise any dispute directly or indirectly challenging the closure of the factory at Pondicherry on and from 05.10.2009 and the consequent non employment of the workmen.

(11)Both the parties hereby agree to file this Settlement in W.P.No.27186 of 2014 before the High Court of Madras will the prayer to dispose the said writ petition of this settlement. In Witness Whereof the parties hereto have signed the settlement on this the 10th day of November, 2017. Sd/- Sd/- union employer 1.Sd/- 2.Sd/- WITNESSES:

COPY TO:

1. The Secretary to the Government of Pondicherry in-charge of Labour

2. The Conciliation officer, pondicherry.

3.The Commissioner of Labour, Pondicherry.

Annexure-A

S.NO NAME OHR ID DOJ SERVIC E IN AMOUNT PAYABLE GE IN INR 1.

MURUGAN.B 103013431 24-OCT-92 17 935000 2.

RAJASEKARAN.R 103013433 2-AUG-93 880000 3.

BABU.N 103013434 10-AUG-93 16 880000 4.

ILANGOVAN.N 103013444 1-NOV-93 880000 5.

RAMESH.B 103013445 1-NOV-93 880000 6.

LINGAPPAN.C 103013446 24-NOV-93 16 880000 7.

SANKAR.R 103020287 17-SEP-94 15 825000 8.

MARI.R 103013453 10-AUG-94 15 825000 9.

SASIKUMAR.M 103013440 10-AUG-94 15 825000 10.

ANANDHARAMAN.K 103013454 1-MAR-95 825000 11.

ATHMALINGAM.K 103013455 10-AUG-94 15 825000 12.

AJITH BATCHA.M 103013456 7-AUG-94 770000 13.

UMAPATHI.A 103013458 16-MAY-95 14 770000 14.

NAGARAJAN.M 103013460 28-JUN-95 14 770000 15.

CHANDRA SEKARAN.K 103013495 18-SEP-95 14 770000 16.

BASKARAN.A 103013470 21-JAN-97 13 715000 17.

GNANASEKAR.K 103013477 16-DEC-97 12 660000 18.

PARTHASARATHI.G 103013487 28-AUG-98 111 605000 19.

KRISHNA KUMAR.P 103013491 4-SEP-98 605000 20.

CHANDRASEKARAN.A 103013462 9-SEP-98 605000 21.

KARTHIKEYAN.J 103013484 16-NOV-98 11 605000 22.

THALAMUTHU.R 103021856 1-JAN-01 360000 23.

RAMAMOORTHY.K 103021864 1-JAN-01 360000 24.

KUMAR.K 320001818 1-JAN-01 360000 25.

GNANMUTHU.K 103021860 1-JAN-01 360000 26.

KANNAN.P 320001814 1-JAN-01 360000 27.

SURESH KUMAR.R 103021863 1-JAN-01 360000 28.

JAGAN RAJ.S 320001816 1-JAN-01 360000 29.

JUDIS.V 320001812 1-JAN-02 320000 30.

KANNAN.C 103021862 1-JAN-02 320000 31.

DHANASEGARAN.B 320001813 1-JAN-02 320000 32.

NELLAIAPPAN.P.

320001821 1-JAN-02 320000 33.

STEPHEN DANIEL.C 320001815 1-JAN-02 320000 34.

ARUN PRASATH.P 320001820 1-JAN-02 320000

35.

DHANABAL.M 320001819 1-JAN-02 320000 36.

S S RATHORE 320001823 1-APR-00 550000 37.

SANTHARAM.R 103020287 1-JAN-02 320000 38.

NALLATHAMBI.A 320001817 1-JAN-02 320000 4.In view of the above terms of settlement, no further adjudication in respect of the grounds of raised in the Writ petition deserves to be considered. Accordingly, the writ petition stands disposed of No.Costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar rsi To 1.The Presiding Officer (FAC), Labour Court, Pondicherry.

2.The Management of G.E. India Industrial Pvt. Ltd., Rep. By its Managing Director, Sedarapet, Pondicherry - 605 111.

+1cc to Mr.K.Sudalaikannu, Advocate SR.No.82060 +1cc to Mr.Gupta and Ravi, Advocate SR.No.81858 W.P.No.27186 of 2014 SK(CO) GN(17/01/2018)