P.Thanigaivel (Deceased) v. The Managing Director,

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Saturday, the 13th day of July, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members:

Mr.K. Paramaraj Mr.N. Dhanasekaran W.P.NO.18118 of 2014 (This Writ petition is filed to issue Writ of Mandamus directing the respondents to pay backwages from the date of dismissal to the date of retirement and pension and other terminal benefits to the petitioner) 1.P.Thanigaivel (died) 2.Santhi 3.Sindu 4.Preethi ....Petitioner (P-2 to P-4 are substituted as LRS of deceased P-1: P.Thanigaivel as per Order dated 26.10.16 by R.P.S.,J in WMP. No.28029 of 2016 in W.P.No.18118 of 2014.) Vs.

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

2.The Administartor, Tamil Nadu State Tranpsort Corporation, Employees pension Fund, Pallavan Salai, Chennai-600 002. ....Respondents

O R D E R

This Writ petition has been filed to issue Writ of Mandamus directing the respondents to pay backwages from the date of dismissal to the date of retirement and pension and other terminal benefits to the petitioner.

2.On perusal of the record, it is seen that a joint memo for compromise has been signed by the legal heirs of the deceased Mr.D.Thanigaivel and by the Managing Director of the Metropolitan Transport Corporation, Chennai, in which the petitioners 2 to 4, who are legal heirs of the deceased workman agree to forego entire back wages for the non employment period from the date of dismissal to the date of death on condition that the management agreed to settle the terminal benefits of the workman with continuity of service with wage settlement benefits only. The petitioners 2 to 4 agree to pay employer's PF contribution without interest to the PF trust for the above non employment period. The 1st respondent management agrees for the terms put forth by the petitioners 2 to 4. With the above terms the settlement is arrived by both the parties.

3.It seems that the 1st respondent/Transport Corporation filed the writ petition in W.P.No.18928 of 2016 against the dismissal order of the lower court. It is agreed by the respondent/Transport Corporation that the said writ petition will be withdrawn.

4.In view of the above compromise, the writ petition stands disposed as settled.

1.Santhi 2.Sindu 3.Preethi Counsel for the Petitioners 1.The Managing Director, Metropolitan Transport corporation, Anna Salai, Pallavan Illam, Chennai- 600 002.

2.The Administartor, Tamil Nadu State Tranpsort Corporation, Employees pension Fund, Pallavan Salai, Chennai-600 002. Counsel for the Respondents This National Lok Adalat award is passed in terms of the above settlement.

Judge Member Member 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 rst

Mr.JUSTICE MALAISUBRAMANIAN (Retd.) rst W.P. No.18118 of 2014 13.07.2019