The Management, v. M.Arthanarisamy,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and WMP.No.31257 of 2019 The Management, Sri Akilaa Spinning Mills Pvt. Ltd. - Unit 2, Kapparathampatti, Jalakandapuram, Salem - 636 501.
...Petitioner
Vs.
M.Arthanarisamy
...Respondent
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records in I.D.No.102/2013 on the file of the Labour Court, Salem, quash the award dated 25.09.2018 (Published on 18.12.2018) passed therein. For Petitioner : Ms.S.B.Keerthana for M/s.Agam Legal Advocates For Respondent : Mr.K.V.Shanmuganathan Page No.1 of 11
ORDER
This Writ Petition has been filed seeking quashment of the award made in I.D.No.102 of 2013 dated 25.09.2018 on the file of the Labour Court, Salem.
2. The case of the petitioner management is that, the respondent worked as a Shift electrician in the petitioner's mill. While so, on 08.09.2010, during the full night shift, the respondent was found sleeping in a sitting position, neglecting his duties and failing to attend to the operational machineries. Thereby, a charge memo was issued to the respondent on 10.09.2010 and he was placed under suspension, vide separate order dated 09.09.2010. As the reply submitted by the respondent was unsatisfactory, domestic enquiry was conducted. The respondent failed to participate in the said domestic enquiry, exparte enquiry was conducted and as the charges were held to be proved, on the basis of the Enquiry officer's report, the respondent was dismissed from service. Aggrieved by the same, the respondent raised an industrial dispute in I.D.No.102 of 2013 before the Labour Court, Salem and the Labour court, without considering any of the above said facts, allowed Page No.2 of 11
the same, vide impugned order dated 25.09.2018 by directing the petitioner to reinstate the respondent with full back wages and attendant benefits. Challenging the same, the petitioner management has filed this writ petition.
3. When the matter is taken up for hearing today, the learned counsel appearing for the parties submitted that, during the pendency of this Writ petition the parties have arrived at settlement on 29.08.2024 and to that effect, a memo dated 17.04.2025 enclosing the said settlement agreement dated 29.08.2024 has been filed before this Court.
4. The settlement agreement entered between the parties dated 29.08.2024 is extracted herein:
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5. Accordingly, this Writ Petition stands disposed of in terms of the settlement agreement dated 29.08.2024 enclosed along with the memo dated 17.04.2025 and the same shall form part and parcel of the records. No Costs. Consequently, the connected miscellaneous petition is closed. 17.04.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To The Labour Court, Salem.
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M.DHANDAPANI, J.
skt and WMP.No.31257 of 2019 17.04.2025 Page No.11 of 11