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Madras High CourtWP/19197/2018closed

The Managing Director, v. Mr.N.Gopal, (Deceased)

2019-12-14Honourable Mr Justice M.Dhandapani4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of December, 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.DHANDAPANI and Members Mr.Pa.Kadirvel Mr.Ravinder Bose W.P.No. 19197 of 2018 (Writ petition in WP.No.41654/2016 filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the records relating to the Order dated 22.01.2015 passed by the econd Respondent in A.P.NO.508 of 2011 adn to quash the same.

The Management, State Express Transport Corporation Tamil Nadu Ltd., Pallavan Salai, Chennai 600 002.

...

Petitioner /versus/

1. Mr. N.Gopal (Deceased) 2.The Special Deputy Commissioner of Labour, Teynampet, Chennai.

3.Tmt.G.Indira 4.Vijayakumari 5.G.Duraikannan 6.G.Deepa (Unmarried) 7.G.Sathishkumar (Unmarried) 8.Krishnaveni (Widow) (R3 toR8 are substituted as Lrs of deceased R1 as per order Dated 20/11/2019 made in WMP.No.17992/2019 in WP.19197/2018) ... Respondents

The case is not listed today. With the consent of both the parties, these cases are taken up for settlement before this Lok Adalat. Both the parties are present. Mr.S.Rajeni Ramadass, learned counsel for petitioner is present. Mr.S.T.Varadarajulu learned counsel for RR1 to R6 and Mr.J.Ramesh, AGP for the respondent-7 is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT It is represented by the learned counsel for the petitioner that during the pendency of the Writ Petition, there was a compromise between the petitioner Corporation and the respondents. Accordingly, both the parties filed a joint memo dated 14.12.2019 before the Lok Adalat. The relevant portion of the joint memo filed by both parties reads as follows: "1.The Petitioner and the Respondent agree to treat the date of dismissal as compulsory retirement and the petitioner agree to pay pension from the date of compulsory retirement to the date of death of respondent workman.

2.The petitioner agree to pay Family Pension from the date f death of the respondent workman to the wife of the deceased workman.

3.The petitioner agree to pay other terminal benefits entitled to as per law and all payments be made in the name of wife of the deceased employee. The respondent agree to produce no objection certificate from other legal heirs at the apropriate time.

4.Both the parties agree for the above terms."

3.In view of such joint memo filed by both the parties, this writ petition is closed. No costs. Consequently, connected miscellaneous petition, if any, is closed.

The Management, State Express Transport Corporation Tamil Nadu Ltd., Pallavan Salai, Chennai 600 002.

Counsel for the Appellant 1.Tmt.G.Indira 2.Vijayakumari 3.G.Duraikannan 4.G.Deepa (Unmarried) 5.G.Sathishkumar (Unmarried) 6.Krishnaveni (Widow) Counsel for the respondent This Lok Adalat award is passed in terms of the above settlement.

M.DHANDAPANI,J.

Jrs/ksa The full Court fee paid shall be refunded to the appellant 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. Judge Member Member To:The parties/Advocate concerned Copy to:

1. The Special Deputy Commissioner of Labour, Teynampet, Chennai.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies W.P.No. 19197 of 2018 14.12.2019