The Management, v. N.Sivamani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024

CORAM

JUSTICE N. SESHASAYEE and JUSTICE P.VADAMALAI and C.M.P.(MD).No.5912 of 2019 The Managerment, Maris Spinners Limited Unit II, Kulithalai Raod, Manapparai-621 306, Tiruchirappalli District.

... Appellant / Respondent Vs.

N.Sivamani ... Respondent / Petitioner Prayer: Appeal filed under Clause 15 of Letters Patent Act to set aside the order dated 01.02.2019 made in W.P.(MD).No.22885 of 2018 and allow this Writ Appeal.

For Appellant :

Mr.Ramesh, for Mr.G.Mohan Kumar For Respondent :

No Appearance

JUDGMENT

(Judgment of the Court was delivered by N.Seshasayee, J.) The appeal arises out of an order of the learned Single Judge dated 01.02.2019 by which the award passed by the Labour Court in I.A.No.305 of 2016 in I.D.No.49 of 2013 is set aside and remanded the matter back to the Labour Court for fresh consideration.

2. The issue arises in the following manner:

(a) The respondent herein was a workman under the appellant and after a domestic enquiry, the appellant terminated the services of the respondent on 24.05.2007. This came to be challenged in I.D.No.49 of 2013. The appellant filed I.A.No.305 of 2016 and raised a preliminary objection that the I.D as instituted is time barred. This was accepted by the Labour Court and accordingly, dismissed I.D.No.49 of

2013. The workman would now challenge this award of the Labour Court in W.P.(MD).No.22885 of 2018 and it came to be allowed by the learned Single Judge vide its order dated 01.02.2019 and remanded the matter back to the Labour Court. This order of remand is now under challenge in this appeal.

3. The workman has been served with the notice, but, he did not choose to appear. Learned counsel for the appellant submitted that the pending appeal, the appellant had settled the matter with the workman and paid him a lump sum compensation and the workman has also accepted it and has given an undertaking that he will not press the Writ Appeal. He has also circulated a copy of the Memo of Compromise which had entered into with the respondent.

4. The appeal is a continuation of the writ petition and inasmuch as in the appeal whatever compromise that had taken place during the pendency of the appeal can be taken note of by this Court. This Court is satisfied with the Memo of Compromise as produced. Since the respondent had chosen not to

appear, this Court is now left with no other option but to dismiss this writ Appeal.

5. Accordingly, the Writ Appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

(N.S.S., J.) (P.V.M., J.) 08.07.2024 NCC : Yes/No Index : Yes/No Internet : Yes TSG

N. SESHASAYEE, J.

and P.VADAMALAI, J.

TSG 08.07.2024