The Management Of v. K.Gopu
HIGH COURT LEGAL SERVICES COMMITTEE,CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Monday, the 14th day of November, 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.Justice J.A.K.SAMPATHKUMAR (Retd.) Members:
Mrs.K.Elaiyarani Mr.T.Charles W.P.No.21792 of 2013 (Writ Petition is filed under Article 226 of Constitution of India praying for issuance of a Writ of Certiorari, to call for the records connected with the order dated 29.07.2013 made in I.A.No.371 of 2013 in I.D.No.157 of 2012 on the file of the 2nd respondent, First Additional Labour Court, Chennai and quash the same).
The Management of M/s Wimco Limited, 412, TH Road, Chennai 600 019 Rep.by its Head Legal & Projects ..Petitioner /vs/ 1.K.Gopu 2.The Presiding Officer, I Additional Labour Court, Chennai 600 108.
..Respondents This case is taken up for settlement before the Lok Adalat. Both parties are present.
Mr.S.Saiprasad for Sai Raaj Associates, learned counsel appearing for the petitioner and Mr.R.Ganesh, learned counsel for 1st respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
TERMS OF THE SETTLEMENT Both the parties and their respective counsel are present. A joint memo of compromise is filed today and the same is duly signed by both the parties and their respective counsel.
2. The said joint memo of compromise reads as follows: "TERMS OF AGREEMENT"
a.
The Management has today handed over Cheque No.000210, dated 11.11.2016 drawn on HDFC Bank Limited, Chennai-600 002 for Rs.1,40,000/- (Rupees One Lakh and forty thousand only viz., Rs.90,000/- representing self employment fund and Rs.50,000/- representing rehabilitation fund) in terms of the settlement under Section 18(1) of the Industrial Disputes Act, dated 07/12/12 entered into between the Management and Mr.K.Gopu, the workman concerned; b.
Mr.K.Gopu, acknowledges that the above payment is in full and final settlement of all his dues, whether monetary or otherwise, payable to him and further acknowledges that he is bound by the settlement dated 07/12/12 under Section 18(1) of the Industrial Disputes Act;
c.
It is agreed between the parties that pursuant to this settlement that either of the parties produce the copy of this agreement / order based on which the Hon'ble I Addl. Labour Court pass appropriate orders dismissing the dispute filed by the workman in I.D.No.157 of 2012 on the basis of this order. d.
It is further agreed that since the amount of Rs.1,40,000/- has today been paid to the workman as above, the Hon'ble I Addl. Labour Court shall return the Banker's Cheque No.260279, dated 23/01/2013 drawn on Royal Bank of Scotland NV, deposited by the Management in I.A No. 371 of 2013, to the Management and the Management is entitled to cancel the said Cheque and encash the same as deemed necessary. e.
It is further agreed that as the disputes between the parties are fully and finally settled, the Management shall withdraw the Writ Petition in WP No.21792 of 2013 on the file of the Hon'ble High Court, Madras as settled in terms of this agreement. f.
In view of this agreement in full and final settlement of all the claims by the workman, the Management also agree to process the provident fund
and pension papers of the concerned workman upon the workman submitting the same to the Management."
3. This case is settled in terms of joint compromise memo. Both the parties settled the dispute in terms of compromise. The petitioner/Management is handing over a Banker's Cheque for Rs.1,40,000/- (Rupees one lakh and forty thousand only) in favour of the 1st respondent and the same has been acknowledged by the 1st respondent. The compromise memo is hereby recorded. The compromise memo shall form part of the order.
4. In view of that, the writ petition is disposed of as per the terms of the compromise memo and the 2nd respondent/1st Additional Labour Court is directed to return the Cheque No.260279, dated 23/01/2013 drawn on Royal Bank of Scotland NV, deposited by the Management in IA No. 371 of 2013, to the petitioner-Management. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- The Management of M/s Wimco Limited, 412, TH Road, Chennai 600 019 Rep.by its Head Legal & Projects Sd/- Counsel for the Petitioner Sd/- Sd/- 1.K.Gopu Counsel for the 1st respondent Sd/- Judge Sd/- Sd/- Member Member *The Xerox copy of Memo of Compromise enclosed Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
To The Parties/Advocate concerned Copy to 1.The Presiding Officer, Ist Additional Labour Court, Chennai-600 108.
2.The Secretary, High Court Legal Services Committee, Chennai.
3.The Section Officer, V.R.Section, High Court, Madras.
4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 Copies W.P.No.21792 of 2013 ca[co] srg 30/11/2016