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Madras High CourtWP/17458/2019disposed of

The Manager v. S.Gunasekaran

2024-02-29Honourable Mrs Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA W.P.Nos.17458 and 26421 of 2019 and W.M.P.No.16938 of 2019 The Manager Glenrock Estate Private Limited Pandalur Taluk The Nilgiris

...Petitioner in W.P.No.17458 of 2019

S.Gunasekaran

...Petitioner in W.P.No.26421 of 2019

Vs.

S.Gunasekaran

...Respondent in W.P.No.17458 of 2019

The Manager Glenrock Estate Private Limited Pandalur Taluk The Nilgiris

...Respondent in W.P.No.26421 of 2019

PRAYER IN W.P.No.17458 of 2019: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, call for records of Additonal Labour Court, Coimbatore in I.D.No.331/2006 dated 28.05.2018 (served on the petitioner on 21.08.2018) and quash the same as being arbitrary and illegal and violative of the Constitution of India. 1/6

PRAYER IN W.P.No.26421 of 2019: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, call for records of the entire proceedings in I.D.No.331 of 2006 dated 28.05.2018 on the file of the Learned Additional Labour Court, Coimbatore and quash the award with respect to the awarding of 25% of back wages alone and directing the respondent to provide full back wages from the date of dismissal to the date f re-instatement i.e., 18.12.2004. In W.P.No.17458 of 2019 For Petitioner : M/s.D.J.Venkatesan For Respondent : M/s.V.Sivakumar In W.P.No.26421 of 2019 For Petitioner : M/s.V.Sivakumar For Respondent : M/s.D.J.Venkatesan

O R D E R

The Management has filed the writ petition challenging the award of the Labour Court in I.D.No.331 of 2006 dated 28.05.2018 whereunder the Management was directed to reinstate the respondent with continuity of service and 25% back wages. The learned counsel for the petitioner as well as the respondent have produced the 18(1) settlement entered into between the Management and the respondent.

The terms of the 18(1) settlement are as follows: 2/6

3/6

4/6

2. Recording the 18(1) settlement, the writ petition is disposed. Consequently, connected miscellaneous petition is closed. No costs. 29.02.2024 Shl Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No To The Manager Glenrock Estate Private Limited Pandalur Taluk The Nilgiris 5/6

N.MALA , J .

shl W.P.Nos.17458 and 26421 of 2019 and W.M.P.No.16938 of 2019 29.02.2024 6/6