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Madras High CourtWP/22500/2019disposed of with direction

K.Jeyakumar v. The Management,

2025-04-01Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI K.Jeyakumar ... Petitioner Vs.

The Management, Pricol Limited, Plant 1, Periyanaickenpalayam, Coimbatore - 641 020.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records related to the impugned award I.D.No.62 of 2014 on 05.02.2019 to the file of The Additional Labour Court, Coimbatore and quash the same in as it held the petitioner's non employment to be justified and denied the relief and directing the respondent to reinstate the petitioner in service with full back wages and other attendant benefits from 11.11.2013. For Petitioner : Mr.S.Kumarasamy For Respondent : Mr.S.Ravindran Senior Counsel for M/s.S.Bazeer Ahamed ***** Page No.1 of 4

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Certiorarified Mandamus, to call for the records related to the impugned award I.D.No.62 of 2014 on 05.02.2019 to the file of The Additional Labour Court, Coimbatore and quash the same in as it held the petitioner's non employment to be justified and denied the relief and directing the respondent to reinstate the petitioner in service with full back wages and other attendant benefits from 11.11.2013.

2. The case of the petitioner/workman is that, he joined the services of the respondent/management on 01.04.1997 and his last drawn salary was Rs.9,219/- and since he was not well before September 2012, he sent a resignation letter in the month of September 2012. However, the same was not accepted by the respondent and the respondent has not settled the terminal benefits. Thereafter, he sent another letter to the respondent to withdraw his resignation, since his health restored to the normal condition, however, the management has rejected his request stating that his resignation was already accepted, thereby, the petitioner raised an industrial dispute u/s 2-A(2) of the Industrial Disputes Act, 1947 in I.D.No.62 of 2014 before the Additional Labour Court, Page No.2 of 4

Coimbatore and the Labour Court passed an award dated 05.02.2019, dismissing the industrial dispute raised by the petitioner. Challenging the same, the present writ petition has been filed.

3. When the matter is taken up for hearing today, learned counsel appearing for the petitioner/workman and the learned Senior Counsel appearing for the respondent/management submitted that, during the pendency of this writ petition, there is a negotiation in between the parties and the respondent/management has agreed to pay a sum of Rs.2,30,000/- as compensation, in full quit, to the petitioner/workman, within a reasonable time that may be fixed by this Court.

4. In view of the above settlement arrived between the parties, this Court modifies the impugned award passed by the Labour Court as follows :- (i) the respondent/management is directed to pay a sum of Rs.2,30,000/- (Rupees Two Lakhs Thirty Thousand only), as compensation, in full quit, to the petitioner/workman, within a period of four (4) weeks from the date of receipt of a copy of this order. Page No.3 of 4

M.DHANDAPANI, J.

sp

5. With the above modification, this Writ Petition is disposed of. No costs.

01.04.2025 Index : Yes / No Speaking order / Non-speaking order sp To The Additional Labour Court, Coimbatore.

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