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Madras High CourtWP/28193/2018disposed of with direction

C.Murugaraj v. M/S.The Appellate Authority

2025-04-07Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 28193 of 2018 & 1623 of 2019

1. C.Murugaraj No.1,Lakshmi Nagar, 7th Street Extn, Nanganallur, Chennai-600061 Chennai Petitioner(s) Vs

1. M/s.The Appellate Authority The Deputy commissioner of Labour(Minimum Wages),Chennai-6, Chennai.

2.M/s.Mphasis Limited Rep by Mr.R.Elango(C.H.R.O) /Mr.Suresh S.R.(HR), IB, DLF IT Park, Shivaji Gardens, Ramapuram, Chennai 600 089 Respondent(s) WP No. 1623 of 2019

1. M/s.Mphasis Limited 1B, DLF IT Park, Shivaji Gardens, Ramapuram, Chennai 600 089, Rep. by its Vice President and Company Secretary, Mr.Subramanian Narayan.

Petitioner(s) Vs

1. C.Murugaraj S/o.Chellamuthu, No.1, Lakshmi Nagar, 7th Street, Extension, Nanganallur, Chennai - 600 061.

Respondent(s) PRAYER to call for the records pertaining to order passed in TNSE II/3 of 2014 dated 30.7.2018 by the 1st respondent and quash the same in so far as the portion of the impugned order containing the direction to the 2nd respondent to pay a compensation of Rs.3,50,000(Rs.Three lakh fifty thousand only) to the petitioner/ appellant in lieu of reinstatement and issue direction to the 2nd respondent to reinstate the petitioner with attendant benefits and continuity of service WP No. 1623 of 2019 PRAYER Call for records relating to order dated 30th July 2018 passed by the Appellate Authority appointed under the Tamil Nadu Shops and Establishment Act 1947 and Deputy Commissioner of Labour (Minimum Wages), Chennai 6 in TNSE II/3/2014 and to quash the same.

For Petitioner(s):

Mr.G.Mutharasu For Respondent(s):

R1 - Labour Court M/s.R.Jayaprakash For R2

WP No. 1623 of 2019 For Petitioner(s):

Mr.R.Jayaprakash For Respondent(s):

Mr.Mutharasu COMMON ORDER Since the issue involved in the present writ petitions are one and the same, they are disposed of by way of this common order.

2. The facts in brief are that the petitioner / workman in W.P.No.28193 of 2018 has been appointed as a Module lead with the petitioner / management in W.P.No.1623 of 2019. For the sake of convenience the parties are referred as workman and management. Subsequently, the management had issued a termination letter dated 27.02.2014, since the workman indulged in fraudulent activities. Claiming that the said termination letter is illegal and arbitrary, the workman filed an appeal in TNSE II/3 of 2014 before the appellate authority. Upon appreciation of oral and documentary evidence, the appellate authority has passed an order dated 30.07.2018 directing the management to pay a sum of Rs.3,50,000/- in favour of the workman in lieu of reinstatement. Challenging

the said award dated 30.07.2018, the above writ petitions have been filed.

3. The learned counsel for the workman and the management submitted that during the pendency of the writ petitions, the matter was amicably settled between the parties and the management agreed to pay a sum of Rs.25,00,000/- (Twenty Five Lakhs Only) in favour of the workman in which the management already deposited a sum of Rs.3,50,000/- (Three Lakhs Fifty Thousand Only) before the authority under the Tamil Nadu Shops and Establishment Act. The learned counsel for the workman submitted that the workman agreed to obtain the compensation awarded by this Court.

4. Heard the learned counsel for the workman and the management and perused the materials placed on record.

5. In the light of the above, this Court without going into the merits of the case directs the petitioner in W.P.No.1623 of 2019 to pay a sum of Rs.21,50,000/- as compensation in full quit in lieu of reinstatement without any

interest and costs in favour of the workman within a period of eight (8) weeks from the date of receipt of a copy of this order. However, workman is permitted to withdraw the sum of Rs.3,50,000/- already deposited by the management with accrued interests and costs.

6. With the above observation and direction, these writ petitions are disposed of. No costs.

07-04-2025 RAP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To M/s.The Appellate Authority The Deputy commissioner of Labour(Minimum Wages),chennai6Chennai

M.DHANDAPANI J.

RAP and 1623 of 2019 07-04-2025