V.Venkataraj v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR Writ Appeal No.2825 of 2022 and C.M.P.Nos.22995 & 18038 of 2022 V.Venkataraj ... Appellant Vs.

1.The Presiding Officer, Labour Court, Salem.

2.The Management, Manson Enterprises (India) Pvt.Ltd., G-5, Phase III, Sidco Industrial Estate, Hosur - 635 126.

... Respondents Prayer:Writ Appeal filed under Clause 15 of Letters Patent to set aside the impugned order of the learned Judge dated 19.01.2022 made in W.P.No.29305 of 2014 and direct the 2nd respondent management to reinstate the appellant in service with continuity of service and pay 40% back wages as ordered by the Labour Court in its award dated 14.02.2013 in I.D.No.95 of 2023.

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For Appellant : Mr.R.Rajaram For R1 : Labour Court For R2 : Mr.Anand Gopalan for M/s.T.S.Gopalan & Company

J U D G M E N T

(Judgment of the Court delivered by S.M.SUBRAMANIAM,J.) The Writ Appeal has been filed challenging the order dated 19.01.2022 passed in W.P.No.29305 of 2014. After prolonged negotiations, the parties have now agreed to settle the issues, pursuant to the interim order passed by this Court. The management has deposited a sum of Rs.3,50,000/- before the Labour Court. The management and the workman have now agreed to settle the issues by filing the joint compromise memo. 2.

Accordingly, the management has agreed to settle a sum of Rs.5,00,000/- to the workman as full and final settlement. The amount deposited in the credit of the I.D. has been withdrawn by the management with accrued interest. That being so, the management has to settle a sum of Rs.5,00,000/- in favour of the workman on or before 10th April 2024. Page No.2 of 5

The joint compromise memo dated 13.02.2024 filed by both the parties, reads as under:

"The Writ Appeal has been filed by the workman challenging the final order dated 19.01.2022 in W.P.No.29305 of 2014. During the pendency of the Writ Appeal, both parties have hereby agreed to resolve the dispute. The Management has agreed to payment of Rs.5,00,000/- as full and final settlement within 2 weeks from today and the workman has agreed to receive the same as full and final settlement. Both parties agree to sign a Section 18(1) settlement at the time of payment.

This Hon'ble Court may be pleased to record the joint memo of the Counsels filed on the instructions of the parties and dispose the Writ Appeal recording this joint memo." 3.

In view of the Joint Memo filed by the parties, the respondent/management is directed to settle the agreed amount of Rs.5,00,000/- on or before 10th April 2024.

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4.

Accordingly, the Writ Appeal stands disposed of. Consequently, connected miscellaneous petitions are closed. [S.M.S.J.] [K.R.S.J.] 13.02.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda To 1.The Presiding Officer, Labour Court, Salem.

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S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

veda Judgment in W.A.No.2825 of 2022 13.02.2024 Page No.5 of 5