M/S.Marshal Sons Mfg Ltd v. The Presiding Officer

and C.M.P.No.18981 of 2019 N.KIRUBAKARAN, J.

and P.VELMURUGAN, J.

(Order of the Court was made by N.KIRUBAKARAN,J.) This Court, by order dated 04.11.2019 disposed of the above appeal by certain directions and the relevant portion of the order is extracted as follows:

"6.In the earlier proceedings, Rs.8,00,000/- was already deposited on the file of I Additional Labour Court, Chennai in C.P.No.450 of 2008 and Rs.2,00,000/- was permitted to be withdrawn out of the deposited amount by the second respondent by this Court. Hence, this Court directs the second respondent to withdraw the balance amount for which the learned Counsel for the appellants has got no objection. The Labour Court need not issue any notice to the appellants as they have expressed no objection here itself. Further, the management needs to be appreciated for settling the matter smoothly. 1/4

7.Since the appellants have undertaken to pay Rs.11,00,000/- without interest, the balance amount of Rs.3,00,000/- has to be deposited in interest bearing fixed deposit within a period of six weeks from the date of receipt of the copy of this order."

2.To clarify the above order the matter has been listed before this Court today. Mr.M.R.Raghavan, learned Counsel for the appellants and Mr.K.V.Dhanapalan, learned Counsel for the respondents would submit that Rs.3,00,000/- was permitted to be withdrawn by the respondent whereas in Paragraph No.6 of the order, it has been recorded as Rs.2,00,000/-.

3.Further, they submitted that in Paragraph No.7, the balance amount of Rs.3,00,000/- was directed to be deposited in Fixed Deposit. However, the learned Counsel for the respondents submitted that the appellants shall pay the balance amount of Rs.3,00,000/- by way of Demand Draft directly to the respondent and the learned Counsel for the 2/4

appellants has agreed to the same. Hence, Paragraph Nos.6 & 7 of the order dated 04.11.2019 are to be deleted and substituted with the following paragraphs:

"6.In the earlier proceedings, Rs.8,00,000/- was already deposited on the file of I Additional Labour Court, Chennai in C.P.No.450 of 2008 and Rs.3,00,000/- was permitted to be withdrawn out of the deposited amount by the second respondent by this Court. Hence, this Court directs the second respondent to withdraw the balance amount with interest for which the learned Counsel for the appellants has got no objection. The Labour Court need not issue any notice to the appellants as they have expressed no objection here itself. Further, the management needs to be appreciated for settling the matter smoothly. 7.Since the appellants have undertaken to pay Rs.11,00,000/- without interest, the balance amount of Rs.3,00,000/- shall be directly paid to the respondents by way of Demand Draft within a period of six weeks from the date of receipt of a copy of this order."

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N.KIRUBAKARAN, J.

and P.VELMURUGAN, J.

ay 4.Registry is directed to carry out the said amendments and issue fresh order copy.

(N.K.K.,J.) (P.V.,J.) 22.11.2019 ay and C.M.P.No.18981 of 2019 4/4