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Madras High CourtWP/26770/2017disposed of

The Management Of v. The Presiding Officer

2017-10-12Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2017

CORAM

THE HONOURABLE MR. JUSTICE T. RAJA W.P.Nos.26770 of 2017 and WMP.No.28509/2017 The Management of C.T.Nachee Textiles (P) Ltd., rep. by General Manager, Poonymangadu Village & Post, Thiruthani Taluk, Thiruvalloor District.

.. Petitioner Vs.

1. The Presiding Officer, Principal Labour Court, Chennai.

2. M.P.Jeevanantham .. Respondents Writ Petition filed under Article 226 constitution of India for issuance of a Writ of Certiorari, calling for the records of the 1st respondent in I.D.No.624/2006 and quash the impugned award dated 30.06.2017.

For Petitioner : Ms.Shubharanjani Ananth For 2nd Respondent : Mr.V.Prakash, Senior Counsel for Mr.K.Sudalaikannan

O R D E R

Challenging the correctness of the award in I.D.No.624/2006 dated 30.06.2017 passed by the Principal Labour Judge, Chenni, by which an order of dismissal passed against the 2nd respondent was set aside with a direction to the petitioner to reinstate him in service with full back wages, continuity of service and all other consequential benefits.

2.

When the matter was taken up today, Mr.V.Prakash, learned Senior Counsel appearing for the 2nd respondent requested this Court to dispose of the writ petition on the basis of the settlement reached between the parties on 11.10.2017. https://hcservices.ecourts.gov.in/hcservices/

3.

The learned Counsel appearing for the petitioner would submit that a settlement has been arrived at between the parties and in terms of the said settlement, a Cheque bearing No.393906 dated 30.06.2017 drawn on State Bank of India, Mylapore Branch, Chennai for a sum of Rs.4,25,000/- (Rupees Four Laksh Twenty Five Thousand Only) is handed over to the learned Senior Counsel for the 2nd respondent by the learned Counsel for the petitioner towards full and final settlement i.e. the said sum of Rs.4,25,000/- includes all the claim of the 2nd respondent towards wages, earned leave, bonus, gratuity, closure compensation, Employer's Contribution towards Employment Provident Fund etc. Therefore, the learned Counsel for the petitioner requested this Court to substitute the settlement dated 11.10.2017 in the place of the award of the 1st respondent dated 30.06.2017. The Memorandum of Settlement is also placed on record.

4.

In view of the above, the Memorandum of Settlement reached under Section 18(1) of the Industrial Disputes Act, 1947, between the parties is substituted in the place of the impugned award dated 30.06.2017.

5.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar tsi To The Presiding Officer, Principal Labour Court, Chennai.

+1cc to Ms.Shubharanjani ananth Advocate, S.R.No. 73515/17 W.P.No.26770 of 2017 SV(CO) TR(21/11/2017) https://hcservices.ecourts.gov.in/hcservices/