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Madras High CourtWP/1444/2014closed

The Management Of Gandhimathi v. The Presiding Officer,

2023-04-24Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH and M.P.Nos.1 to 3 of 2014 The Management of Gandhimathi Appliances Ltd., 143, Vandalur Kelambakkam Road, Puthuppakkam - 603 103, Kancheepuram District.

Presently known as Butterfly Gandhimathi Appliances Ltd., 143, Pudupakkam Village, Kelambakkam, Kancheepuram District - 603 103.

... Petitioner Vs.

1.The Presiding Officer, 1st Additional Labour Court, High Court Buildings, Chennai - 600 104.

2.The Secretary to Government, Labour and Employment Department, Fort St. George, Chennai - 600 009.

3.C. Dayalan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to quash the impugned 1/4

common order dated 18.10.2013 in C.P.No.131/2005, of the learned first respondent, the Presiding Officer, First Additional Labour Court, Chennai.

For Petitioner : M/s.Gupta, Senior Counsel for M/s.Gupta & Ravi For R1 : Court For R3 : Mr.P. Solomon

ORDER

The present Writ Petition is filed by the Management against the order passed in the Computation Petition in C.P.No.131 of 2005, pursuant to the award passed in I.D.No.474 of 1996.

2. Pending the Writ Petition, the Management and the workman have entered into a settlement dated 01.03.2023 under Section 18(1) of the Industrial Disputes Act, 1947, whereby, both the parties have agreed to be bound by the terms of the settlement, for the purpose of disposal of the Writ Petition.

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3. As per Clause 8 of the Terms of Settlement, the Management have deposited a sum of 2,51,786/- before the 1st Additional Labour Court, Chennai.

4. In view of the amicable settlement, the third respondent is at liberty to withdraw the sum of Rs.2,51,786/-, to which, the Management has no objection. In this connection, the third respondent herein, shall make an appropriate application before the Labour Court seeking for withdrawal of the deposited amount. On receipt of such an application, the Labour Court shall endeavour to pass favourable orders, preferably on the same day.

5. Recording the terms of the settlement and liberty granted, the Writ Petition stands closed. Connected M.Ps are closed. 24.04.2023 Speaking order/Non-speaking order Index:Yes/No Sni Note: Issue Order Copy on 25.04.2023 3/4

M.S.RAMESH,J.

Sni To 1.The Presiding Officer, 1st Additional Labour Court, High Court Buildings, Chennai - 600 104.

2.The Secretary to Government, Labour and Employment Department, Fort St. George, Chennai - 600 009.

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