Madras High CourtWP(MD)/5006/2010disposed of

Madura Coats Pvt. Ltd., v. The Labour Court,

2019-09-18Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD)No.5006 of 2010 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.5006 of 2010 and M.P.(MD)No.1 of 2010 Madurai Coats Private Limited, through its Group Industrial Relation Manager, ... Petitioner vs.

1.The Labour Court, Tirunelveli.

2.S.Tamilselvan, Branch Secretary, Madurai Jilla Mill Thozhilalar Sangam, Regd.No.2497, Ambasamudram.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records relating to proceedings in Award passed in I.D.No.22 of 2006, dated 31.08.2009 on the file of the first respondent and quash the same as illegal.

For Petitioner : Mr.M.P.Senthil For R2 : Mr.J.Ashok for M/s.Jeyapaul Associates ***

O R D E R

This Writ Petition is filed challenging the Award passed in I.D.No.22 of 2006, dated 31.08.2009. The petitioner herein is the Management. The second respondent is a Labour Union. Espousing the cause of a labour, an Industrial Dispute was raised by the second respondent Association. The Workman was earlier removed from service and an issue was raised by the Union. The Labour Court has passed an Award by setting aside the order of termination and directing the Management to pay salary for a period from 06.10.2004 to 13.10.2004. The claim for back wages from 20.09.2004 was specifically rejected by the Labour Court. Aggrieved by the same, the Management has preferred the above Writ Petition. 2.The learned Counsel for the petitioner submitted that during the pendency of the writ petition, there was a settlement under Section 18(1 of Industrial Dispute Act, 1947, between the Management and the representative of the Employee. As per the settlement, it appears that the Workman has agreed that he would not https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5006 of 2010 and raise any dispute before any Forum challenging his non-employment or in relation to any other matter against the Management. The acceptance of termination was in lieu of Management agreeing to pay a sum of Rs.8,03,587.98/-, under various heads. 3.In view of the settlement, the second respondent is supposed to concede to the prayer in the writ petition. Accordingly, the award of Labour Court in I.D.No.22 of 2006 cannot stand. Recording the settlement, dated 25.06.2015, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P AND A) // True Copy // Sub Assistant Registrar(CS) cmr To The Judge, Labour Court, Tirunelveli.

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-87666[F] dated 19/09/2019 ) W.P.(MD)No.5006 of 2010 18.09.2019 KK/SAR/15.10.2019/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2