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Madras High CourtWP/21885/2022disposed of

State Express Transport Corporation (Tamil Nadu) Ltd., v. M.Ganesasankaran

2024-12-13Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY State Express Transport Corporation (Tamil Nadu) Ltd. Rep. By its General Manager Pallavan Salai, Chennai - 600 002.

..

Petitioner Vs.

M.Ganessankaran ..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of certiorari, calling for the records relating to the order dated 15.03.2022 passed by the Principal Labour Court, Chennai in C.P.No.77 of 2017 and to quash the same.

For the Petitioner : Mr.K.Kathiresan For the Respondent : Mr.S.T.Varadharajlu

ORDER

This writ petition is filed challenging the order of the Principal Labour Court, Chennai, dated 15.03.2022 made in C.P.No.77 of 2017.

2. When the matter came up for hearing, Mr.K.Kathiresan, learned counsel appearing for the Management, by filing a status report, would submit that as against the computation made by the Principal Labour Court, 50% of the amount, being a sum of Rs.8,24,767/-, has been deposited to the credit of the claim petition. With reference to the balance 50% of the amount, there has to be a statutory deduction in respect of the workman and that deduction, being a sum of Rs.7,46,787/-, has already been deducted and the balance amount is also paid to the workman. Therefore, if the workman withdraws the 50% of the sum, which is there before the Labour Court, nothing survives to be adjudicated.

3. The said position is also accepted by the learned counsel appearing on behalf of the workman.

4. In view of the subsequent development, no further adjudication is necessary in this writ petition and this writ petition is disposed of on the following terms:

(i) The entire sum, as computed, seems deemed to be settled on the workman and therefore, nothing further survives to be adjudicated in this writ petition.

(ii) The amount deposited by the Management to the credit of C.P.No.77 of 2017 shall be permitted to be withdrawn by the workman along with the accrued interest, if any.

(iii) The Principal Labour Court, Chennai, shall pay the said amount to the workman upon filing of a memo along with the production of website uploaded copy of this order without waiting for the certified copy of this order with accrued interest and transfer the amount to the bank account of the workman.

5. With these directions, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.21037 of 2022 is closed.

13.12.2024 drm

D.BHARATHA CHAKRAVARTHY,J.

(drm) 13.12.2024