The Management v. The Special Joint Commissioner Of Labour
pHIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14th day of September, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Dr. JUSTICE S.VIMALA (Retd.) AND MEMBERS :
Mr.N.Balasubramanian, District Judge, (Retd.) Ms.K.M.Valsala Kumari, (Advocate) W.P.No.27791 of 2024 and W.M.P.No.30303 of 2024 The Management, Metropolitan Transport Corporation, No.2, Anna Salai, Chennai - 2 ... Petitioner Vs
1. The Special Joint Commissioner of Labour, DMS Compound, Teynampet, Chennai - 600 006
2. Thiru.R.Felix ... Respondent This case came up for settlement before the Lok Adalat. Both parties present. Mr.A.Vinothraj, learned counsel for the Petitioner and the 2nd respondent/party-in-person are present.
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After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows : TERMS OF SETTLEMENT The second respondent had been employed as Daily Paid Conductor attached to Chrompet Depot having Staff No.C57248. There was an allegation of unauthorized absence from duty from 07.08.2015 continuously for a period of eight days. The show cause notice was issued and after conducting an enquiry, final order dated 28.02.2022 was passed by the Management thereby removed the second respondent herein from service. Thereafter, as per the mandate Approval Petition filed before the Competent Authority in Approval Petition No.37 of 2022, the Approval Petition was rejected by the first respondent by the Order dated 09.10.2023.
Challenging the said order, this Writ Petition has been filed by the Management of Metropolitan Transport Corporation. (ii) As per the terms and conditions arrived at between the Management and the second respondent employee herein, the Management has agreed to provide reinstatement to the second respondent herein without back wages for the nonemployment period i.e.from the date of removal till the date of reinstatement.
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"To consider the authorized the Managing Director to refer the case before the Lok Adalat for amicable settlement to reinstate Thiru.R.Felics, Ex-Daily Paid Conductor, Staff No.C57248, Chrompet Depot without back wages for the non-employment period from the date of removal to till the date of reinstatement i.e., from 28.02.2022 to till the date of reinstatement based upon the workman representation dated 02.03.2024 as recommended by the Finance Committee."
(iv). In view of the above resolution and settlement, the Management shall provide reinstatement to the second respondent Thiru.R.Felics, Staff No.C57248, Chrompet Depot within a period of twelve weeks from the date of receipt of copy of this Order and it is ordered accordingly. This reinstatement shall be without back wages from the date of removal to the date of reinstatement. Consequently, connected writ miscellaneous petition stands closed. The Management, Metropolitan Transport Corporation, No.2, Anna Salai, Chennai - 2 Counsel for Appellant
2. Thiru.R.Felics 2nd Respondent(Party-in-person) 3/5
This Lok Adalat award is passed in terms of the above settlement. The full court fee paid shall be refunded to the appellant in the manner provided under Section 71-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 2 r/w 25 of LSA Act 1987 as amended in 1994.
Judge Member Member To: The parties/Advocate concerned Copy to:
1.The Special Joint Commissioner of Labour, DMS Compound, Teynampet, Chennai - 600 006
2. The Secretary, High Court Legal Services Committee, Chennai.
3. The Section Officer, V.R. Section, High Court, Madras.
4. The Section Officer, Lok Adalat Section, High Court Madras. +2 copies nsl/mac 4/5
Dr. JUSTICE S.VIMALA mac W.P.No.27791 of 2024 and W.M.P.No.30303 of 2024 14.09.2024 5/5