Madras High CourtWP/38200/2016closed

The Management, v. The Presiding Officer,

2023-07-14Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.32750 of 2016 1.The Management, Rep. by Dr.B S Ramakrishnan, The Surgical Clinic and Nursing Home, O.No.15, N.No.6, 28 Norton Road, Mandavelipakkam, Chennai - 600 028.

2.Dr.R.Narendran ... Petitioners Vs.

1.The Presiding Officer, 1st Additional Labour Court, Chennai - 600 104.

2.Chinnaiah ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records comprised in the proceedings of the 1st respondent dated 05.07.2016 in I.D.No.43 of 2015 and quash the same as illegal and arbitrary. For Petitioners : Mr.P.Seshadri For Respondents : Mr.P.Vijendran [R2] 1/4

ORDER

This Writ Petition has been filed seeking for a Writ of Certiorari, to call for the records comprised in the proceedings of the first respondent dated 05.07.2016 in I.D.No.43 of 2015 and quash the same as illegal and arbitrary.

2. The case of the petitioner is that, the second respondent was employed by the petitioners from 03.05.1995, however, on 01.11.2013, the petitioners denied employment by oral orders to the second respondent, thereby, the second respondent raised a dispute before the first respondent/Labour Court and the first respondent/Labour Court passed award in favour of the second respondent. Challenging the same, the present writ petition is filed.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner as well as the second respondent submitted that, the issue was settled between the Management and the workman. Further, the petitioner/Management has paid a sum of 2/4

Rs.1,00,000/- (Rupees One Lakh only) by way of cash to the second respondent and the second respondent/workman has also received the same in the open Court.

4. In view of the above settlement arrived between the Management and the workman, the impugned award passed by the first respondent in I.D.No.43 of 2015, dated 05.07.2016 is set aside and the Writ Petition stands closed. No Costs. Consequently, the connected miscellaneous petition is also closed.

14.07.2023 Index : Yes / No sp To The Presiding Officer, 1st Additional Labour Court, Chennai - 600 104.

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M.DHANDAPANI, J.

sp and W.M.P.No.32750 of 2016 14.07.2023 4/4