V.Santhi v. The Presiding Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2023

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD V.Santhi ... Appellant / 1st Respondent -vs1. The Presiding Officer, III Additional Labour Court, Chennai.

... 1st Respondent in W.P.18875/2011 / 2nd Respondent

2. The Management M/s.M.V.Hospital for Diabetes (P) Ltd., Rep. by its Director Mrs.Meena Vijay, No.4, West Mada Church Street, Royapuram, Chennai-600 013.

... 2nd Respondent / Petitioner Prayer:Writ appeal is filed under Clause 15 of the Letter Patent praying to set aside the order passed by the Hon'ble Single Judge of this Court in W.P.No.18875 of 2011 dated 19.09.2019.

For Appellant : Mr.U.Nirupen Chakravathy 1/6

For R2 : Mr.C.Mohan For M/s.King & Patridge *****

J U D G M E N T

This Writ Appeal has been filed, challenging the order of the learned Single Judge dated 19.09.2019 made in W.P.No.18875 of 2011, in and by which, learned Single Judge, while partly allowing the Writ Petition, directed reinstatement of the Writ Petitioner without backwages, but with continuity of service. Aggrieved by the same, the Writ Petitioner, who is the Appellant herein has filed this Writ Apeal.

2. When the matter is taken up for hearing, it is represented by the learned counsel for R2 that there was a settlement arrived at between the paties with regard to I.D.No.736 of 2009. The employee / Appellant herein, who is present today before this Court, has also filed a memo, the scanned copy of which is attached hereunder:

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3. Learned counsel for the 2nd Respondent has produced a copy of the memo filed on the side of the 2nd Respondent, stating that the total amount in respect of full and final settlement, including gratuity for the entire period of service of the Appellant comes to Rs.2,00,000/-, which the Appellant has agreed to receive and the Demand Draft bearing No.204291 dated 24.01.2023 for Rs.2,00,000/- has been handed to the Appellant herein. He has also stated that necessary form duly signed-in by the Management has 3/6

already been given to the Appellant (copy enclosed along with the memo) so as to enable her to withdraw the Provident Fund dues lying for the actual period of employment and contribution. For the sake of brevity, the scanned memo of R2 is annexed below:

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4. In view of the above submissions of the parties and recording the settlement, this Writ Appeal is closed. The Appellant shall fill up the form and present it before EPF Authorities by activating the account. The concerned EPF Authorities, upon receipt of the Form and on a request made by the Appellant herein, are directed to settle the dues in accordance with 5/6

S.VAIDYANATHAN, J.

and J.SATHYA NARAYANA PRASAD,J.

ar law as expeditiously as possible, but not later than four weeks from the date of receipt of the form. No costs.

(S.V.N.,J.) (J.S.N.P.,J.) 06.02.2023 Speaking order/Non-speaking order Index: Yes/No Internet: Yes/No ar Note: Issue order copy on 22.02.2023 To:

The Presiding Officer, III Additional Labour Court, Chennai.

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