The Management, G.2212, v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.34507 of 2015 and M.P.No.1 of 2015 The Management, G.2212, Puliyur Primary Agricultural Co-operative Credit Society Limited, Rep. by its President, Puliyur Village and Post, Thirukalukundram Taluk, Kancheepuram District.

.. Petitioner V.

1. The Presiding Officer, II Additional Labour Court, Chennai.

2. P.Venkatesan .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari calling for the records of the award passed by the 1st respondent in I.D.No.76 of 2009 dated 12.02.2015 quash the same. For Petitioner .. Mr.M.S.Palaniswamy For RR 1 ..

Court For RR 2 ..

Mr.Balan Haridas

ORDER

Heard the learned counsel for the parties.

2.The President of the petitioner Society - Mr.V.Purusothaman is present in Court and the 2nd respondent/workman - Mr.P.Venkatesan is also present in Court. The parties have settled the matter among themselves and have entered into a Memorandum of Settlement under Section 18(1) of the Industrial Disputes Act, 1947 dated 27.01.2016 and the copy of the settlement has been filed along with the Joint Memo signed by the counsel for the petitioner as well as the 2nd respondent.

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3.The Memorandum of Settlement dated 27.01.2016 as well as the Joint Memo filed by the petitioner as well as the 2nd respondent shall form part of the record. For better appreciation, the terms and conditions of the Settlement are quoted herein below:

"1.The Employer agrees to reinstate the Employee as Salesman with continuity of service with effect from 1.2.2016 and agree to pay the current wages fixed on the basis as if the employee continued in service without being suspended and dismissed and the employer agrees for the same.

2.The Employee agrees to give up the claim for back wages.

3.The Employer agrees to file a copy of the Settlement before the Hon'ble High Court, Madras in W.P.No.34507 of 2015 and request the Hon'ble Court to record the settlement and pass orders in terms of the Settlement.

4.The Employee agrees that he has no claim whatsoever against the Employer and the Employer also agrees that it has no claim whatsoever against the employee."

4.In the light of the above, the Writ Petition stands disposed of, being settled as per the terms and conditions settled out. No costs. Consequently, connected Miscellaneous petition is closed.

Sgl s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To The Presiding Officer, II Additional Labour Court, Chennai.

+ 1 cc to Mr.M.S.Palanisamy, Advocate SR 5394 + 1 cc to Mr.Balan Haridas, Advocate SR 5029 lrs(co) prk8/2 W.P.No.34507 of 2015 https://hcservices.ecourts.gov.in/hcservices/