The General Manager v. G. Baskaran

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th July 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble MR.JUSTICE T.N.VALLINAYAGAM (Retd.) and Members Mr.T.Seemadurai Mr.K.Ethirajalu W.P.No.27168 of 2017 and W.M.P.No.29024 of 2017 This Writ Petition has been filed under Article 226 of the Constitution of India, to pass a Writ of Certiorari or any writ, order or direction top call for the records of the 2nd respondent made in A.P.No.376 of 2012 dated 18.11.2016 and to quash the same as illegal and against the provisions of the Industrial Disputes Act, 1947.

The General Manager, Tamilnadu State Transport Corporation.

(Kumbakonam) Limited, 27, Railway Station Road, Kumbakonam.

... petitioner Vs.

1.G.Baskaran 2.The Special Deputy Commissioner of Labour, D.M.S.Compound, Chennai.

.. Respondents On representation of the counsel on either side, this case is taken up for settlement before the National Lok Adalat. Mr.D.Venkatachalam learned counsel for petitioner and Mr.D.Suryanarayana, learned Government Pleader for the 2nd respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

ORDER

The Joint Memo of compromise is filed by both the parties. Since the matter is amicably settled between them and the same is taken on file and recorded as part of this Award and the relevant portion of the Memo of compromise is extracted hereunder:

Now the 1st Respondent come forward for settlement this case on the following terms.

After deliberation and negotiation both the parties have arrived at a settlement in the following terms:- 1.Both the parties hereby agreed that the 1st Respondent shall be reinstated into service with continuity of service. 2.This 1st Respondent agrees not to claim any back wages except the 17B wages already received.

3.The employer contribution for the non-duty period will be paid by the 1st Respondent.

4.The 1st Respondent herein will have no other claim whatsoever against the appellant and he accepts the above terms of settlement as full and final.

It is therefore prayed that this Honourable Court may be pleased to accept the above memorandum of settlement and dispose the above writ petition.

Both parties signed in the Joint Memo.

The award is passed accordingly. Hence, the writ petition stands ordered in terms of the above memo. No costs. Consequently connected miscellaneous petition is closed.

Sd/- The General Manager, Tamilnadu State Transport Corporation.

(Kumbakonam) Limited, 27, Railway Station Road, Kumbakonam.

Sd/- Counsel for the Petitioner Sd/- 1.G.Baskaran 2.The Special Deputy Commissioner of Labour, D.M.S.Compound, Sd/- Chennai.

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. Sd/- Sd/- Judge Sd/- Member Member Sd/- Assistant Registrar(Insp.Cell) To The parties/Advocate concerned Copy to 1.The Special Deputy Commissioner of Labour, D.M.S.Compound, Chennai.

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 SECTION OFFICER

T.N.VALLINAYAGAM.,J sk W.P.No.27168 of 2017 and W.M.P.No.29024 of 2017 13.07.2019