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Madras High CourtWP/31375/2018disposed of

The Management v. R.Manivannan

2019-03-09Honourable Mr Justice S. Vaidyanathan4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March 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 S. VAIDYANATHAN and Members: Mr.P.Rosaiah Ms.S.Jayakumari W.P.No.31375 of 2018 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus, seeking to call for the records pertaining to the order dated 28.02.2018 passed by the 2nd Respondent in Approval Petition No.204 of 2013, and to quash the same and consequently direct the 2nd Respondent to approve the order of the Petitioner dated 26.06.2013, dismissing the 1st Respondent from service.

The Management, Tamil Nadu State Transport Corporation (Kumbakkonam) Ltd., Trichy Region, Trichy - 620 001.

... Petitioner 1.

R.Manivannan 2.

The Special Joint Commissioner of Labour, Chennai.

.. Respondents Though this matter is not listed today, this case came up for settlement before the National Lok Adalat. Mr.D.Venkatachalam, learned counsel for the Petitioner is present. The 1st Respondent/workman is present and Mr.R.S.Selvam, learned Government Advocate appearing for the 2nd Respondent is 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 Aggrieved by the order dated 28.02.2018 passed by the 2nd Respondent, under Section 33 of the Industrial Disputes Act, in rejecting the Approval Petition in A.P.No.204 of 2013, the Tamil Nadu State Transport Corporation, Kumbakonam Division, has come up with the present Writ Petition.

2.

It is represented by the 1st Respondent/workman that he has not engaged any counsel.

3.

During the pendency of the Writ Petition, the parties have entered into an amicable settlement, wherein, the employer has agreed to provide employment to the 1st Respondent/workman on certain conditions and a Joint Memo has been filed by the parties. The Joint Memo of Compromise shall form part of the record. 4.

This Writ Petition is closed in terms of the Joint Memo of Compromise. Consequently, connected W.M.P.No.36561 of 2018 is closed. The General Manager, Tamil Nadu State Transport Corporation (Kumbakkonam) Ltd., Trichy Division, Trichy - 620 001.

... Counsel for the Petitioner 1.

R.Manivannan ... Counsel for the 1st Respondent 2.

The Special Joint Commissioner of Labour, Chennai.

.. Counsel for the 2nd Respondent 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 Special Special Joint Commissioner of Labour, 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

S.VAIDYANATHAN,J.

(aeb) W.P.No.31375 of 2018 09.03.2019