Madras Fertilizers Ltd., v. N.Thulasidasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD Writ Appeal No.2197 of 2021 and CMP. No. 13912 of 2021

1. Madras Fertilizers Ltd., Rep.by its Chairman & Managing Director, Manali, Chennai - 600 068.

2. The General Manger - HR and M&D, Madras Fertilizers Ltd., Manali, Chennai - 600 068.

.. Appellants

Versus

N.Thulasidasan .. Respondent Writ Appeal filed under Clause 15 of the Letter Patents Act against the Order dated 18.02.2021 passed in W.P.No.8915 of 2010. Prayer in W.P.No.8915 of 2010:The Prayer sought herein is for a writ of Mandamus directing the respondents to treat the period of the petitioners absence from 11.09.2009 to 04.11.2009 as "Industrial Accident" as defined under clause 3.1.0 of Policy 29 and grant all the benefits i.e. leave with pay and allowances for the entire treatment period, as stated under clause 5.1.1 of the said Policy, within the time frame.

For Appellants :

Mr.Kalyankumar for M/s.Aiyar and Dolia For Respondent :

Mr.K.M.Ramesh

JUDGMENT

(Judgment of the court was delivered by R. MAHADEVAN, J.) According to the appellants, on 11.09.2009, the respondent was assaulted by his co-employees during working hours, while he was in service and was taking treatment from 11.09.2009 to 04.11.2009. Since the appellant Management did not grant medical benefits and leave with pay and allowances as per their policy, by treating the assault of the respondent as 'industrial accident', the respondent filed a writ petition bearing No.8915 of 2010. By order dated 18.02.2021, the said writ petition was disposed of in the following terms:

"39. In view of the aforesaid discussion, this Court is inclined to dispose of this writ petition with the following orders.

That there shall be a direction to the respondent Management to treat the period of absence of the petitioner from 11.09.2009 to 04.11.2009 as duty period because of industrial accident taken place on 11.09.2009 within the provisions of policy 29 and the consequential benefits such as leave with pay and allowances for the entire treatment period of 55 days shall be extended and be paid to the petitioner. The needful, as indicated above, shall be undertaken by the respondent Management within a period of eight weeks from the date of receipt of a copy of this order."

Aggrieved over the aforesaid order, the appellants have come up with this writ appeal.

2. Today, when the matter was taken up for consideration, the learned counsel appearing for the respondent submitted that the matter has been settled between the parties. In support of the same, he has also filed a memo dated 24.03.2022 signed by the respondent, the relevant paragraphs of which are profitably extracted below:

"5.During the pendency of the above Writ Appeal, the Respondent herein and his co-employees who assaulted him arrived at a compromise and the Respondent has been compensated for the loss suffered by him. In view of the same, the Respondent herein do not want to claim any benefit viz., salary and other benefits from the Appellant Management.

In view of the above, the Respondent herein prays that this Hon'ble Court may be pleased to dispose of the above appeal recording the fact that the Respondent herein is not claiming salary and other benefits from the Appellant Management as has been ordered in W.P.No.8915 of 2010 and thus render justice."

3. The factum of compromise as projected by the respondent has been conceded by the learned counsel for the Appellants.

4. In view of the subsequent development as stated above, this writ appeal stands disposed of in terms of the compromise entered into between the parties. The memo dated 24.03.2022 filed by the respondent shall form part of this order. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar av To

1. The Chairman & Managing Director, Madras Fertilizers Ltd., Manali, Chennai - 600 068.

2. The General Manger - HR and M&D, Madras Fertilizers Ltd., Manali, Chennai - 600 068.

+1cc to M/s.Aiyar and Dolia, Advocate, S.R.No.21904 +1cc to Mr.K.M.Ramesh, Advocate, S.R.No.22163 Writ Appeal No.2197 of 2021 and CMP. No.13912 of 2021 JPL[co] NSK 20/04/2022