The Management, v. K.Muthuvijayan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD)No.9252 of 2019 The Management, Nachammai Cotton Mills Limited, Chettinadu, Karaikudi Taluk, Sivagangai District.

... Petitioner Vs.

K.Muthuvijayan ... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the award of the Labour Court, Madurai passed in C.P.No.122/2015 dated 10.04.2019, and quash the same.

For Petitioner :

Mr.V.O.S.Kalaiselvam For Respondent :

Mr.S.Bharathy Kannan

O R D E R

This Writ Petition has been filed aggrieved by an order dated 10.04.2019 passed in C.P.No.122 of 2015 on the file of the learned Labour Court Madurai.

2. When this matter came up for consideration on an earlier occasion on 28.02.2025, Mr.V.O.S.Kalaiselvam, learned counsel for the petitioner brought to the notice of this Court that the respondent herein has entered into a settlement under Section 18(1) of the Industrial Disputes Act, 1947 in respect of the very same dispute, which is subject matter of the present Writ Petition and therefore, the Writ Petition can be disposed of in terms of the settlement dated 24.07.2024. However, the learned counsel appearing for the respondent sought time to get instructions in this regard. In the light of the above, this Court passed the following docket order dated 28.02.2025:

"It is represented by Mr.V.O.S.Kalaiselvam, learned counsel appearing for the petitioner that the dispute involved in this writ petition is already settled under Section 18(1) of the Industrial Disputes Act, 1947, wherein the respondent-workman agreed not to insist for enforcement of the impugned order. However, learned counsel appearing for the respondentworkman seeks time to get instructions. Hence, list the matter on 10.03.2025."

3. Today, when the matter is taken up for consideration again Mr.S.Bharathy Kannan, learned counsel appearing for the respondent submitted that the issue that arise for consideration in the present Writ Petition has been settled between the parties under Section 18(1) of the Industrial Disputes Act, 1947 and therefore, this Writ Petition can be disposed of in terms of the said settlement.

4. In the light of the above, there is no need to adjudicate the matter on merits and accordingly, this Writ Petition is disposed of by duly placing on

record the submission made on either side in terms of the settlement dated 24.07.2024 arrived at between the parties under Section 18(1) of the Industrial Disputes Act, 1947. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

10.03.2025 Index :

Yes / No vsm

MUMMINENI SUDHEER KUMAR, J.

vsm 10.03.2025