Rajammal v. The Presiding Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2017
CORAM
THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P. No.13290 of 2003 Rajammal Petitioner vs.
The Presiding Officer Principal Labour Court Chennai The Managing Director Express Newspapers Ltd.
Express Estates Anna Salai Chennai 600 002 Indian Express Ltd.
Anna Salai Chennai 600 002 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records on the file of the 1st respondent herein in I.D. No.483 of 1995 dated 02.07.2002 and quash the same and consequently, direct the 2nd respondent to reinstate the petitioner into service with backwages, continuity of service and all other consequential benefits.
For petitioner Ms. C.N.G. Niraimathi R1 Labour Court For RR 2 & 3 Mr. Sundar Narayan - - - - -
ORDER
This writ petition has been filed seeking to quash the award dated 02.07.2002 passed by the first respondent-Principal Labour Court, Chennai, in I.D. No.483 of 1995 and consequently, direct the second respondent-Express Newspapers Ltd., to reinstate the petitioner into service with backwages, continuity of service and all other consequential benefits.
Rajammal, the petitioner herein, raised an industrial dispute in I.D. No.483 of 1995 before the Principal Labour Court, Chennai, challenging her termination from service, which was dismissed on 02.07.2002, challenging which, Rajammal has filed the present writ petition.
During the course of the proceedings, the second respondent-Express Newspapers Ltd., voluntarily came forward to pay a sum of Rs.50,000/- as full and final settlement of all claims by Rajammal, to amicably settle the issue, which has been accepted by Rajammal, who is present in this Court today. Express Newspapers Ltd. has now handed over the cheque bearing no.754843 dated 20.02.2017 drawn on IndusInd Bank, Nungambakkam Branch, for a sum of Rs.50,000/-, in the name of Rajammal, to her, in the open Court.
It is reported that Rajammal does not have a bank account nor does she have any of the minimum requirements like Voter ID card or Adhaar Card for opening a bank account. Rajammal is about 70 years old and is apparently infirm. She has been brought to this Court only in a wheel chair. She is accompanied by her grand daughter, Kalpana, who is said to be taking care of Rajammal now. Rajammal's daughter and Kalpana's mother Kaveri, is said to be physically indisposed.
In the peculiar facts and circumstances of this case, this Court directs the Branch Manager, Indian Bank, High Court Branch, Chennai 600 104, to forthwith open a joint Savings Bank Account in the name of Rajammal and Kalpana, enabling Rajammal to encash the above cheque. The parties will be identified by Ms.C.N.G. Niraimathi, advocate.
In the light of the above, this writ petition is dismissed. No costs.
It appears that Ms. C.N.G. Niraimathi, learned counsel, has been taking up the case of Rajammal since the conciliation proceedings. This Court places on record, its profound appreciation to Ms.C.N.G.Niraimathi, advocate, for having taken up the case of a poor old lady, pro bono. This Court also places on record, its deep appreciation, to Mr. Sundar Narayan,
advocate, for having prevailed upon his clients to amicably settle the issue and achieve a win-win situation. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To The Presiding Officer Principal Labour Court, Chennai The Branch Manager Indian Bank Madras High Court Branch Chennai 600 104
3. The Indian Express Anna Salai Chennai-02 W.P. No.13290 2003 ug(co) aa20/02/2017