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Madras High CourtWP/17762/2018disposed of

The Management Of v. S.Karthikeyan

2019-04-22Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.04.2019

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.Nos.17762 & 17763 of 2018 and W.M.P.No.21032 of 2018 The Management of Orbinox India Pvt. Ltd., Rep by its Controller F & A - Aruna Nagarajan Eachanari, Chettipalayam Road, Eachanari - Post, Coimbatore - 641 021.

... Petitioner in both W.Ps Vs 1.S.Karthikeyan 2.M.Suresh ... Respondents in both W.Ps PRAYER in W.P.No.17762 of 2018 : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, to call for the records of the Principal Labour Court, Coimbatore in I.D.Nos.206 & 207 of 2010 and quash its common award dated 23.02.2018.

PRAYER in W.P.No.17763 of 2018 : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, to call for the records of the Principal Labour Court, Coimbatore in I.D.Nos.206 & 207 of 2010 and quash its common preliminary order dated 17.11.2017.

In both W.Ps For Petitioner : Mr.S.Raveendran, SC for Mr.S.Bazeer Ahamed For Respondents : Mr.A.Deivasigamani

C O M M O N O R D E R The present writ petitions have been filed against the order passed by the Principal Labour Court, Coimbatore in I.D.Nos.206 & 207 of 2010 vide common award dated 23.02.2018 and common preliminary order dated 17.11.2017.

2. When the matter is taken up for hearing, the learned senior counsel for the petitioner Management would submit that the two workmen and the Management have reached settlement during the pendency of these writ petitions vide settlement dated 19.03.2019. As per the terms of the settlement, the two workmen have been settled by payment of Rs.7,00,000/- to each of them as full and final settlement. A copy of the settlement arrived at between the petitioner and the respondent workmen under Section 18(1) of the Industrial Disputes Act dated 19.03.2019 has been filed in the additional typedset of documents in the present proceedings.

3. The learned senior counsel for the petitioner Management would submit that while entertaining these writ petitions, this Court has directed the Management to deposit a sum of Rs.2,40,975/- in respect of one workman Mr.S.Karthikeyan and another amount of Rs.3,20,250/- in respect of another workman Mr.M.Suresh, before the Labour Court concerned to the credit of their respective I.D.Nos.206 & 207 of 2010 in the Industrial Dispute and request this Court to direct for withdrawal of the amount from the Labour Court concerned, since the workmen have been settled under Section 18(1) Settlement as indicated above.

4. Considering the submission made on behalf of the learned senior counsel for the petitioner Management, the Management is hereby permitted to withdraw the amount deposited to the credit of the Labour Court by making appropriate application in this regard. The submission made on behalf of the petitioner Management has been accepted by the learned counsel appearing for the respondent workmen.

5. Accordingly, the writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar

gsk To The Principal Labour Court, Coimbatore.

• 1 cc to Mr.S.Bazeer Ahamed, Advocate Sr.No. 39480 • 2 cc to Mr.A.Deivasigamani, Advocate Sr.No.38508 & 38509 W.P.Nos.17762 & 17763 of 2018 SSI(CO) RRI 08/06/2019