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Madras High CourtWP/26055/2022disposed of with direction

The Management v. Mr. M.Mohanraj

2023-08-03Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.25132 of 2022 The Management, M/s.Pioneer Coldstore and Cladding Private Limited, 1 SIDCO Industrial Estate, Venmaniathur, Tindivanam Taluk - 604 001, Villupuram District.

... Petitioner Vs.

Mr.M.Mohanraj

...Respondent

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorari calling for the records pertaining to the Award dated 28.06.2022 of the Presiding Officer, Labour Court, Cuddalore in I.D.No.16 of 2021 filed by Mr.M.Mohanraj, the Respondent herein and quash the same.

For Petitioner : Ms.N.Kishore Kumar For Respondent : Mr.Balan Haridas

O R D E R

This writ petition has been filed seeking for issuance of a writ of certiorari to quash the Award dated 28.06.2022 passed by the Presiding

Officer, Labour Court, Cuddalore in I.D.No.16 of 2021.

2. It is the case of the petitioner that the petitioner management is running a manufacturing unit at No.1, SIDCO Industrial Estate, Venmaniathur, Tindivanam Taluk, Villupuram District - 604 001. The respondent was appointed as a technician in the petitioner management. Due to the act of mis-conduct in workspace, the respondent was terminated from service on 16.03.2020. Aggrieved over the same, the respondent raised an Industrial Dispute before the Labour Court, Cuddalore in I.D.No.16 of 2021. However, the Presiding Officer, Labour Court, Cuddalore vide Award dated 28.06.2022 ordered for reinstatement of the respondent with continuity of service without back wages. Hence this petition.

3. When the matter is taken up hearing learned counsel appearing for petitioner management and respondent on instructions submit that the matter was amicably settled between the parties and also the petitioner management agreed to pay a lumpsum compensation of Rs.3,00,000/- (Rupees Three Lakhs Only) to the respondent as back wages payable to the respondent.

4. In view of the consent expressed by learned counsel on either side, this Court modifies the impugned Award dated 28.06.2022 passed by the the Presiding Officer, Labour Court, Cuddalore with the following direction: (i) The petitioner management is directed to pay a sum of Rs.3,00,000/- (Rupees Three Lakhs) by way of Demand Draft in favour of the respondent workman within a period of two (2) weeks from the date of receipt of a copy of this order.

5. With the above direction and observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

03.08.2023 Index :Yes/No Internet:Yes/No rap

M.DHANDAPANI, J.

rap W.P. No.26055 of 2022 03.08.2023