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Madras High CourtWP/16119/2017disposed of

The Management, v. The Special Deputy

2019-03-09Honourable Mr Justice C. Saravanan4 pages

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.16119 of 2017 and W.M.P.No.17410 of 2017 [Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari, calling for the records pertaining to the order passed in A.P.No.76 of 2014 dated 04.11.2016 on the files of the first respondent herein and quash the same.] The Management, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Anna Salai, Chennai 600 002.

... Petitioner Vs.

2.M.Selvaraj ..Respondents This came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.M.Chidambaram and learned counsel for the first respondent, Mr.J.Ramesh and learned counsel for the second respondent, Mr.P.Ganesh Murthy are 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 1.It is agreed that the employee should be notionally re-instated with continuity of service and he will be entitled to receive the pensionary benefits and terminal benefits without payment of back wages. The Management will release the terminal benefits and pensionary benefits within a period of two months from the date of receipt of copy of this order. There shall be however, no back wages from the date of dismissal till the date of retirement of the employee. The petitioner shall pay the P.F. Contribution in the non-employment period without interest. The pension will be paid from the date of the settlement. 2.This Writ Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed.

The Management, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Anna Salai, Chennai 600 002.

Counsel for the Petitioner 2.M.Selvaraj 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:

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.

vkr W.P.No.16119 of 2017 09.03.2019