M.Murugan,S/O.Maadhaiyan v. The District Collector

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Friday, the 04th day of October, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.JEYAPAUL (Retd.) and Member Mr.M.Nallathambi W.P.No.18883 of 2018 Writ Petition has been filed for issuance of a Writ of Mandamus to direct the first respondent to recover the amount due along with the interest due from the third respondent to the petitioner based upon the revenue recovery certificate in R.R.No.03/18 on the file of the Deputy Commissioner of Labour, Coimbatore - 18.

M.Murugan .. Petitioner Vs.

1. The District Collector, Collectorate Office, Erode.

2. The Deputy Commissioner of Labour, Office of Deputy Commissioner of Labour, Coimbatore.

3. N.S.Periyasamy & Co., D.No:10, Nathakatoor Main Road, Kolanalli Anjal, Erode.

.. Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.S.Saravanan, learned counsel for the petitioner and Mr.V.Regunathan, learned counsel for the third respondent are present.

TERMS OF SETTLEMENT Both the parties along with their respective counsel were present. They submitted a Joint Memorandum of Compromise.

2. The fact remains that the petitioner M.Murugan, got an order of award passed by the Deputy Commissioner of Labour invoking the provisions under the Employees Compensation Act, 1923. Later on, the very same petitioner approached the Deputy Commissioner of Labour who was pleased to issue Revenue Certificate for recovery of the amount awarded by him. The present writ petition has been filed by the petitioner seeking direction to the District Collector, Erode to recover the award amount based on the Revenue Recovery certificate issued in his favour.

3. Both the parties having filed the Joint Memorandum of Compromise sought for disposal of writ petition in accordance with the terms and conditions thereof.

4. The Joint Memorandum of Compromise reveals that the petitioner has agreed to receive a sum of Rs.3,25,000/- in full quit of his claim. The third respondent has, in terms of the compromise, issued a Demand Draft for the said amount in favour of Deputy Commissioner of Labour, Coimbatore.

5. The third respondent shall deposit the Demand Draft bearing No.497425 for a sum of Rs.3,25,000/- with Deputy Comissioner of Labour, Coimbatore who shall disburse the amount to the petitioner on receiving necessary application from him.

6. In terms of the Memorandum of Compromise filed by both the parties, the Writ Petition stands disposed of. The Joint Memorandum of Compromise and the xerox copy of Demand Draft filed by both the parties shall form part of the order.

7. The full Court fee shall be refunded to the petitioner in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994 and there shall be no demand for additional Court fee.

-s/d- -s/dM.Murugan Counsel for the Petitioner

-s/dN.S.Periyasamy & Co., D.No:10, Nathakatoor Main Road, -s/dKolanalli Anjal, Erode.

Counsel for the third respondent -s/dJudge -s/dMember -Sd/- Asst.Registrar (CS IX ) /true copy/ Sub Asst. Registrar To:

Copy to:

1. 1. The District Collector, Collectorate Office, Erode.

2. The Deputy Commissioner of Labour, Office of Deputy Commissioner of Labour, Coimbatore.

3.The Secretary, High Court Legal Services Committee, Chennai. 4.The Section Officer, V.R.Section, High Court, Madras. 5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies W.P.No.18883 of 2018 vsnII(co) aa09/10/2019