Madras High CourtWP/18920/2016settled before the lokadalats

The Management v. R.Sankaran

2017-11-09Honourable Mr Justice S.Marimuthu (Lok-Ii)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat- II organised by the High Court Legal Services Committee Thursday, the 09th day of November, 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by Hon'ble Mr.JUSTICE S.Marimuthu(Retd.) and Members Miss.V.Ahalya (D.J.Retd.,) Mrs.R.Raj laksme W.P.No.18920 of 2016 (The Writ Petition is filed under Article 226 of the Constitution of India, to call for the records pertaining to the order passed in A.P.No.386 of 2011, dated 22.08.2013 on the file of the 2nd respondent herein.) The Management, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Anna Salai, Chennai - 600 002.

.... Petitioner Vs.

1.Thiru.R.Sankaran, Selection Grade Assistant, New No.5, Old No.3, Anantharama Krishna Street, Devaraj Nagar, Saligramam, Chennai - 600 093.

2.The Special Deputy, Commissioner of Labour, D.M.S. Office, IV floor, Teynampet, Chennai - 600 006. .... Respondents This case came up for settlement before Lok Adalat. Both the parties are present. Mr.M.Chidambaram, learned counsel appearing for the appellant and Mr.P.Ganeshamurthi, learned counsel appearing for the respondents are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT 1.The Writ Petition has been filed by the petitioner, to call for the records pertaining to the order passed in A.P.No.386 of 2011, dated 22.08.2013 on the file of the 2nd respondent herein.

2. The workman, is the respondent and his management, Metropolitan Corporation Chennai Limited is the petitioner in W.P.No.3668 of 2015 and the Management, is the petitioner and the workman is the respondent in W.P.No.18920 of 2016.

3. The facts are that the workman Sankaran was dismissed from service for his absence on 27.09.2007, and therefore a dispute arosed and hence a domestic enquiry was conducted by the management and the respondent Sankaran was dismissed from service in the enquiry.

4.For approval of the dismissal order the Special Deputy Commissioner of was moved, but he did not approve the dismissal. In these circumstances, the above said two writ petitions were filed before the High Court.

5.After the dispute was almost settled between the petitioner and the respondent out of this forum and in the final settlement in continuation of the negotiation out of this forum dispute was finally discussed and settled before this forum and after the settlement before this forum, however, a joint memo has been filed, signed by Sankaran and his management.

6.The Joint memo forms a part of the award. So, in terms of the Joint memo filed before this forum and also an oral discussion and final decision before this forum an award is passed.

7. The Management is directed to pay the Terminal benefits to Sankaran within four months from the date of copy of this order. Award is passed accordingly. Sd/- The Management, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Anna Salai, Sd/- Chennai - 600 002.

Counsel for the 1st Respondent Sd/- Sd/- Thiru.R.Sankaran Counsel for the Petitioner

This Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

(Joint Memo xerox copy enclosed) Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The parties/Advocate concerned Copy to:

1.Thiru.R.Sankaran,Selection Grade Assistant, New No.5, Old No.3, Anantharama Krishna Street, Devaraj Nagar, Saligramam, Chennai - 600 093.

2.The Special Deputy, Commissioner of Labour, D.M.S. Office, IV floor, Teynampet, Chennai - 600 006.

3.The Secretary, High Court Legal Services Committee, Chennai.

4. The Section Officer, V.R.Section, High Court, Madras. 3.The Section Officer, Lok Adalat Section, High Court, Madras. W.P.No.18920 of 2016 PA(CO) EU(20/04/2018)