Madras High CourtWP/17697/2017disposed of

The Management v. The Assistant Commissioner

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.17697 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 first respondent made in the common order in P.G.69/2016 dated 13.10.2016 and quash the same) The Management, Tamilnadu State Transport Corporation Limited, 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. V.Venu

...Respondents

Though this case is not listed before this forum settlement, 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.S.Sivakumar and learned counsel for the first respondent Mr.J.Ramesh, Additional Government Pleader and V.Venu 2nd respondent party-in-person 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 This writ petition is filed under Article 226 of Constitution of India to issue a writ of Certiorari to call for the records of the first respondent made in common order in P.G.69/2016 dated 13.10.2016 and quash the same.

2.It is represented by the learned counsel for the petitioner that the second respondent has already received the gratuity amount of Rs.5,51,000/-. 3.The second respondent/party in person has given a consent letter before the National Lok Adalat agreeing to receive a sum of Rs.25,730/- 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.

4.In view of the above, the petitioner/Transport Corporation is directed to pay the amount of Rs.25,730/- within a period of six weeks from the date of receipt of a copy of this order.

5.This writ petition is disposed with the above direction. Consequently, connected Miscellaneous Petition is closed.

The Management, Tamilnadu State Transport Corporation Limited, No.3/137, Salamedu, Vazhutha Reddy Post, Villupuram- 605 602.

Counsel for the Appellant V.Venu Party-in-person

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 Secretary, High Court Legal Services Committee, Chennai. 2.The Section Officer, V.R.Section, High Court, Madras. 3.The Section Officer, Lok Adalat Section, High Court, Madras. jen

C.SARAVANAN.,J.

jen W.P.No.17697 of 2017 09.03.2019