The Superintending Engineer v. P. Kala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI and C.M.P.No.14235 of 2021 The Superintending Engineer, Vellore Electricity Distribution Circle, Tamil Nadu Electricity Board, Gandhi Road, Vellore-632006.

.. Appellant -vsP.Kala .. Respondent Writ Appeal filed under Clause 15 of the Letters Patent Act, to allow the Writ Appeal, set aside the order dated 02.03.2021 in W.P.No.31844 of 2019. For Appellant : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co For Respondent : Mr.J.Saravanavel *** 1/8

J U D G M E N T

This Writ Appeal has been preferred by the Appellant challenging the order dated 02.03.2021 made in W.P.No.31844 of 2019, in dismissing the Writ Petition filed by the Appellant herein.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the Appellant produced a Demand Draft bearing No.843729 dated 06.04.2023 for a sum of Rs.33,00,000/- (Rupees Thirty Three Lakhs only), towards full and final settlement in respect of all the claims of the Respondent herein in I.D.No.82/1999, including the claim for employment and other statutory benefits and the said D.D. has been received by the respondent herein without any protest. A Memorandum of Settlement dated 10.04.2023 filed under Section 18 (1) of the Industrial Disputes Act, 1947, signed by both the parties, along with a receipt for payment of a sum of Rs.33,00,000/- (Rupees Thirty Three Lakhs), has also been produced before this Court, the scanned copy of which is annexed hereunder: 2/8

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3.

The aforesaid Settlement is recorded. Though there is no clause in the Settlement Deed with regard to extending family pension payable to the Respondent herein on account of the demise of her husband late Prakasam, we make it clear that the Settlement entered into cannot forbear the Respondent herein from claiming family pension of her husband, which she is lawfully entitled to. This Writ Appeal is disposed of in terms of the aforesaid Memorandum of Settlement. No costs. Consequently, connected Miscellaneous Petition is closed. [S.V.N., J.,] [R.K.M., J] 10.04.2023 Index: Yes / No Internet: Yes / No arr 7/8

S. VAIDYANATHAN,J., and R.KALAIMATHI .,J arr 10.04.2023 8/8