Madras High CourtWP/28772/2019disposed of with direction

The Chief Executive Officer, v. M.Jose,

2025-04-15Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 28516 OF 2019

1. The Chief Executive Officer, M/s. Bajaj Allianz Life Insurance Co.

Ltd., GE Plaza, Airport Road, Yerawada, Pune - 411006, Rep. by Chief Branch Manager Mr. Uma Sathish Kanth, No. 497 and 498, 4th Floor, Poonamallee High Road, Arumbakkam, Opp. to Madras Medical Council, Chennai - 600106 Chennai

2. The Branch Manager, M/s. Bajaj Allianz Life Insurance Co.

Ltd., Celin Arcade, Distillery Road (No.

26 SBI Road), Vadasery, Nagercoil - 629001 Petitioner(s) Vs

1. M.Jose, S/o. M. Maria Louis, 74/ 224, St. Mary Street, Ramanputhoor, Nagercoil - 629004Nagapattinam Respondent(s)

PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, Calling for the records resulting in the impugned Award dated 28.10.2016 in ID No. 111 of 2015 notified on 24.01.2017 passed by Government of India Ministry of Labour and Employment, Central Govt. Industrial Tribunal Cum Labour Court at Chennai and quash the same.

For Petitioner(s):

MR. S.R. RAJAGOPALAN SR.

COUNSEL FOR S.NAMASIVAYAM For Respondent(s):

M/S. S.CHELLA ARUMUGAM, FOR R1

ORDER

This petition is filed against the award passed by the Industrial Tribunal cum Labour Court at Chennai Government of India, Ministry of Labour, dated 28.10.2016 Employment Central Government ID No.111 of 2015 notified on 24.01.2017. The Presiding Officer, without going into the merits of the statement and facts has ignored that the respondent falls under the Supervisory category and does not fall under the purview of the term ''workman'' as under Section 2(s) of the ID Act and directed the petitioner herein to reinstate the respondent in service within two months of the publication of the award with 50% backwages and all attendant benefits.

2. Heard the learned counsel for the petitioners as well as respondents and

perused the materials available on record.

3. The learned counsel for the petitioners submitted that during pendency of the writ petition, the matter was settled between the parties. The petitioner management is ready to pay a sum of Rs.4,00,000/- as full quit to the respondent. The respondent is also agreed to receive the said amount.

4. In view of the above, the award passed by the Tribunal is modified with a direction to the petitioner to pay a sum of Rs.4,00,000/- to the respondent within a period of four weeks from the date of receipt of a copy of this order instead of reinstatement and backwages.

5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 15-04-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

M.DHANDAPANI J.

rli To

1. Central Govt. Industrial Tribunal Cum Labour Court at Chennai 15.04.2025