N.Karunanidhi (Deceased) v. The Managing Director
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 14th day of October, 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.JEYAPAUL(Retd.) and Member Mr.P.Ganesan, District Judge,Retd.
W.P.Nos.7603 & 18686 of 2017 and WMP.Nos.20239 of 2017 & 37478 of 2018 Prayer in WP.No.7603 of 2017: Writ Petition filed to issue a Writ of Mandamus, directing the respondent to reinstate the petitioner with continuity of service and backwages within a time frame. Prayer in W.P.No.18686 of 2017: Writ Petition filed to issue a Writ of Certiorari, to call for the records of the second respondent made in A.P.No.86 of 2014 dated 09.05.2016 and to quash the same as illegal and against the provisions of the Industrial Disputes Act, 1947. WP.No.7603 of 2017 1.N.Karunanidhi (Deceased) 2.K.Revathi (P2 substituted as LR of deceased Sole petitioner vide order dated 13/07/2021 made in WMP.No.1923/2020 in WP.No.7603/2017 by MSRJ) .. Petitioner Vs.
Managing Director Corporation (VPM) Ltd.,
Kancheepuram.
.. Respondent W.P.No.18686 of 2017 The General Manager, Corporation (Villupuram) Ltd., Ponnerikarai, Bangalore Highway Road, Kancheepuram.
.. Petitioner Vs 1.N.Karunanidhi (1st respondent died on 01.09.2019.
His Legal representative have been arrived herein as arrived in WP.No.7603/2017) 2.The Special Deputy Commissioner of Labour, D.M.S. Compound, Chennai.
.. Respondent This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.N.Sundaramurthy, learned counsel for the petitioner, Mr.M.Aswin, Standing counsel for the respondent (in WP.No.7603 of 2017) and Mr.M.Aswin, Standing counsel for the Petitioner and Mr.N.Sundaramurthy, learned counsel for the respondent (in WP.No.18686 of 2017) are present.
TERMS OF SETTLEMENT WP.No.7603 of 2017 was filed by the workmen and WP.No.18686 of 2017 was filed by the Management before the Hon'ble High Court.
2. The joint memo of compromise was filed by both the parties and the same was recorded by the Lok Adalat.
3. In terms of the compromise arrived at between the parties and incorporated in the joint memo filed by them, the Management shall give retirement benefits to the legal representatives of the deceased employee. The Management is entitled to treat the non-employment period right from 19.04.2014 to 01.09.2019 as "no work no pay". The legal heirs shall not make any claim for employment on compassionate ground as agreed. The management shall settle the retirement benefits within a period of eight weeks from the date of this order. The date of dismissal of the employee was on 19.04.2014.
3. In view of the above settlement arrived at between the parties in terms of joint memo filed by both of them, both Writ Petitions stand disposed of. Consequently, connected Miscellaneous Petition is closed.
4. The full Court fee shall be refunded to the petitioner in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994 and there shall be no demand for additional Court fee.
K.Revathi Counsel for the Petitioner Managing Director Corporation (VPM) Ltd., Kancheepuram.
Counsel for the Respondent This Lok Adalat award is passed in terms of the above settlement.
Judge Member To:The parties/Advocate concerned Copy to:
1. The Managing Director, Corporation (VPM) Ltd., Kancheepuram.
2. N.Revathi, W/o.N.Karunanidhi, No.322, Thottakkara Street, Dusi Village and Post, Cheyyar Taluk, Tiruvannamalai District.
3.The Secretary, High Court Legal Services Committee, Chennai. 4.The Section Officer, Writ Section, High Court, Madras. 5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies drl
M.JEYAPAUL, J.(Retd.) drl W.P.Nos.7603 & 18686 of 2017 and WMP.Nos.20239 of 2017 & 37478 of 2018 14.10.2022