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Madras High CourtWP/29506/2010disposed of

M/S. Binny Engineering Ltd., v. The Presiding Officer

2017-12-13Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.12.2017

CORAM

THE HONOURABLE Mr. JUSTICE V.PARTHIBAN W.P.No.29506 of 2010 M/s.Binny Engineering Ltd., Meenambakkam, Chennai - 600 027.

Rep. By Deputy Manager ... Petitioner Vs.

1.The Presiding Officer, II Additional Labour Court, Chennai.

2.K.Karunakaran ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records of the first respondent in C.P.No.324 of 2003, quash its order dated 06.08.2010.

For Petitioner : Mr.Anand For M/s.T.S.Gopalan and Co.

For RR 1 : Court For RR 2 : Mr.S.T.Varadharajan

ORDER

It is represented by both the learned counsels appearing for the management and the workman that memo of compromise has been arrived at between the parties vide Settlement dated 13.12.2017. A Joint Memo to that effect has been filed before this Court and the same is taken on file and recorded as part and parcel of the affidavit.

2.The learned counsel appearing for the workman would submit that as per Clause 3 of the Joint Memo, the workman will be allowed to withdraw a sum of Rs.1,00,000/- from and out of the amount deposited by the management before the II Additional Labour Court in C.P.No.324 of 2003, pursuant to the interim order passed by this Court.

3.In view of the submission made by the learned counsel for the workman, liberty is granted to both the workman and the management to file applications before the appropriate forum for withdrawing the said amount and the remaining amount which is lying in the said deposit shall be returned to the management. On such applications being filed on behalf of both the management and the workman, the II Additional Labour https://hcservices.ecourts.gov.in/hcservices/

Court, Chennai shall pass orders within a period of four weeks thereafter.

4.In fine, the Writ Petition is disposed of, on the terms of compromise entered into between the parties. The memo of compromise shall form part of the record. No costs. Encl:Xerox copy of Joint Compromise.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar Sgl To The Presiding Officer, II Additional Labour Court, Chennai.

+1cc to Mr.S.T.Varadarajulu, Advocate Sr.No.88864 GJ(CO) sm:18.1.2018 W.P.No.29506 of 2010 https://hcservices.ecourts.gov.in/hcservices/