The Management v. The Assistant Commissioner Of
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th day of March, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE C. SARAVANAN and Members Mrs.P.Kavitha Balakrishnan Mr.Daniel Haridoss W.P.No.11461 of 2017 (This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorari to call for the records of the common order passed by the 1st respondent in P.G.No.105 of 2015 dated 26.04.2016 and quash the same.) The Management Tamilnadu State Transport Corporation Ltd., No.3/137, Salamedu, Vazhutha Reddy Post, Villupuram 605 602.
... Petitioner Vs.
1. The Assistant Commissioner of Labour, Vellore (Controlling Authority as under the Payment of Gratuity Act, 1972)
2. G.Mohammed Nijamedeen ..Respondents Though this case is not listed before the National Lok Adalat, it is taken up for hearing at the instance of the learned counsel for the petitioner. Both the parties are present. The learned counsel for the petitioner Mr.K.J.Sivakumar is present and the second respondent/party-in-person is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT It is represented by the learned counsel for the petitioner/Transport Corporation that the second respondent has already received the gratuity amount for Rs.3,95,412/.-
2. The second respondent/party-in-person has given a consent letter before the National Lok Adalat agreeing to receive a sum of Rs.18,325/- towards differential gratuity amount, based on the enhanced rate of Dearness Allowance which was passed by the Government orders in 2011 for the enhancement of the pay scale.
3. In view of the above, the petitioner/Transport Corporation is directed to pay the above said differential gratuity amount of Rs.18,325/-, within a week from the date of receipt of a copy of this order.
4. The writ petition is disposed of with the above direction. The Management Tamilnadu State Transport Corporation Ltd., No.3/137, Salamedu, Vazhutha Reddy Post, Villupuram 605 602.
Counsel for the petitioner
1. The Assistant Commissioner of Labour, Vellore (Controlling Authority as under the Payment of Gratuity Act, 1972)
2. G.Mohammed Nijamedeen Counsel for the respondents This Lok Adalat award is passed in terms of the above settlement.
The Court fee paid shall be refunded to the parties in the manner provided under 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. Judge Member Member To:The parties/Advocate concerned Copy to:
1.The Assistant Commissioner of Labour, Vellore. 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. kkd/vkr
C.SARAVANAN., J.
kkd/vkr W.P.No.11461 of 2017 09.03.2019