M.K.P.Transport v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:18.11.2015 C O R A M THE HONOURABLE MR.JUSTICE T.S. SIVAGNANAM W.P.No.8480 of 2002 M.K.P.Transport 152 D, Karamadai Road, Mettupalayam, Rep. By its Managing Director, Mr.K.Ponnusamy ...Petitioner Vs.

1. The Presiding Officer, Labour Court, Coimbatore.

2.S.Duraisamy 3.The Management, Amman Transport, 59, HB Wing Board, Karamadai Road, Mettupalayam.

... Respondents PRAYER:

Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records of the first respondent made in I.D.No.203/98 dated 11.04.2000 and quash the same. For Petitioner : Mr.Silambanan, Senior Counsel for Mr.S.S.Silambanan Associates For RR2 : Mr. V. Bhiman For RR3 : Mr.G. Ponnambalathigarajan

O R D E R

The petitioner / Management filed a writ petition, challenging the award passed in I.D.No.203 of 1998 dated 11.04.2000. By the said award, the second respondent/workman, who was a conductor, was directed to be reinstated in the bus bearing Regn.No.TN-37-Z-3040, which was plying between Mettupalayam to Sathyamangalam route via Bannari.

2. The third respondent was the owner of the bus and the transport permit, which appears to have been produced by the petitioner is in force. Admittedly, the third respondent is a single bus operator and the petitioner is also a single bus operator and the bus is also sold.

3. It appears that the matter was heard by this Court for more than earlier fifteen occasions whereby there was a settlement proposal mooted out. It is submitted by learned counsel appearing for the respondent/workman that his client is ready and willing to accept a sum of Rs.1,00,000/-(Rupees One Lakh only) as full and final settlement of all claims arising out of the impugned award.

4. The learned senior counsel appearing for the petitioner, on instructions, submitted that the writ petitioner will pay the amount as full and final settlement of all claims made by the second respondent and liberty may be granted to deposit the money before the Labour Court, Coimbatore.

5. Accordingly, writ petition is disposed of as having been settled with a direction to the petitioner to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of I.D.No.203 of 1998 on the file of the Labour Court, Coimbatore, within a period of six weeks from the date of receipt of copy of this order and on such deposit, the second respondent is entitled to withdraw the same by filing an application before the Labour Court.

With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gv/ds

To 1.The Presiding Officer, Labour Court, Coimbatore.

2.The Section Officer, VR Section, High Court, Madras. [31/05/2016] +1cc to Mr.V. Bhiman, Advocate, S.R.No.62553 +1cc to Mr.S.S. Silambanan, Advocate, S.R.No.62992 SAI(CO) EU(27/11/2015) W.P.No.8480 of 2002