K.Sankaranarayanan v. The Managing Director

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Tuesday, the 05th day of March 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.GNANAPRAKASAM (Retd.) and Members Mr.J. Venkatesh Perumal Mrs. S. Shantha Kumari W.P.No.11769 of 2014 Writ Petition has been filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to direct the respondent to pay backwages from the date of dismissal to the date of retirement and pension and other terminal benefits to the petitioner.

K. Sankaranarayanan .. Petitioner Vs.

1. The Managing Director, Metropolitan Transport Corporation, Anna Salai, Pallavan Illam, Chennai - 600 002.

2. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund, Pallavan Salai, Chennai - 600 002 .. Respondents

This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.S.T.Varadarajulu, counsel appearing for the petitioner and Mr.S.P. Paramasiva Doss, counsel appearing for the respondents 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 SETTLEMENT The Petitioner and the first respondent/corporation have compromised the matter and they have also filed Joint Memo before the Forum.

2.The terms of the Joint memo is as follows:

" The Petitioner workman agrees to forego the entire back-wages from the date of removal to till the date of retirement. Further, the 1st respondent/Corporation have agreed to settle the terminal Benefits of the petitioner with continuity of service besides the 1st respondent/corporation to pay the P.F. Contribution to the P.F. Trust towards non-employment period from the date of dismissal to the date of retirement of the petitioner. The petitioner has agreed to forgo the pension arrears from the date of retirement to the date of order of this Forum. 3.In view of the above settlement arrived at between the parties, the first respondent agreed to withdraw W.P. No.25234 of 2015 pending before the Hon'ble High Court and the Memo shall form part of the record.

4. In view of the above, the award is passed accordingly.

5. The full Court fee paid shall be refunded to the petitioner in the manner provided under Section 69-A of the

Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994 and there shall be no demand for additional Court fee.

Sd/- sd/- K. Sankaranarayanan Counsel for the Petitioner sd/-

1. The Managing Director, Metropolitan Transport Corporation, Anna Salai, Pallavan Illam, Chennai - 600 002.

sd/-

2. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund, Pallavan Salai, Chennai - 600 002 sd/- Counsel for the Respondents sd/- Judge sd/- sd/- Member Member s/d- Assistant Registrar True Copy Sub-Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Secretary, High Court Legal Services Committee, Chennai. 2.The Section Officer, V.R.Section, High Court, Madras. 3.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies W.P.No.11769 of 2014 NMI(CO) SP(27/06/2019)